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Expert Analysis

Cesari V. Peju May Have Reverberating Results

By Marsha Gentner ( December 21, 2017, 2:37 PM EST) -- In 2015, the U.S. Supreme Court ruled that inter partes proceedings before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office could have preclusive effect in a subsequent court proceeding. According to B&B Hardware Inc. v. Hargis Industries Inc., "So long as the other ordinary elements of issue preclusion are met, when the usages adjudicated by the TTAB are materially the same as those before the district court, issue preclusion should apply."[1]...

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