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The subsequent issue is whether or not There's an “obvious” reason why Congress would not want TTAB selections to receive preclusive result, even in Individuals scenarios where the regular aspects of problem preclusion are satisfied. Astoria
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The first problem that we have to address is whether an company selection can at any time floor challenge preclusion.
At last we turn as to whether There's a categorical purpose why registration selections can never meet up with the normal factors of difficulty preclusion, e.g., Individuals things set out in §27 of your Restatement (Next) of Judgments. Although lots of registrations will not likely fulfill those regular aspects, that doesn't indicate that none will.
’s presumption to this enactment with the 1940’s. And, construing the Act By itself phrases, I see no explanation to conclude that Congress meant administrative preclusion to apply to TTAB results of truth inside a subsequent trademark infringement fit.
I don't quarrel with the 1st premise, but I've significant uncertainties about bb hardware the next. The Court docket in Astoria available just one
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Each of the although, B&B experienced sued Hargis for infringement. Prior to the District Court dominated on likelihood of confusion, having said that, the TTAB declared its determination. After a number of proceedings not related in this article, B&B argued to your District Court docket that Hargis could not contest chance of confusion because of the preclusive outcome on the TTAB choice.
, plus the text, framework, and heritage from the Lanham Act offer no aid for this sort of preclusion. I disagree with the majority’s willingness to endorse Astoria
Trademark registration underneath the Lanham Act has the attributes of the quasi-private correct. Registration is often a creature from the Lanham Act, which “confers significant lawful rights and Added benefits on trademark house owners who register their marks.