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Expert Analysis

Giving DuPont Its Due: How B&B Hardware Empowers TTAB

Law360, New York ( April 10, 2015, 10:17 AM EDT) -- On March 24, 2015, in B&B Hardware Inc. v. Hargis Industries Inc., the U.S. Supreme Court held that a Trademark Trial and Appeal Board determination of likelihood of confusion ("LOC") in an inter partes proceeding may preclude relitigation of the same issue in a federal district court trademark infringement case. The circumstances under which LOC preclusion could apply include (1) that the mark owner uses its mark in the marketplace consistent with the usages in its application, and (2) that the "usual elements" of issue preclusion are met....

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