Issue Preclusion in Trademark Litigation: Implications of B&B Hardware
Navigating Preclusive Effect and Rethinking TTAB Strategy in Likelihood of Confusion Cases and Beyond
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide guidance to trademark counsel on the implications of the B&B Hardware decision and its impact on trademark enforcement and strategy at the TTAB.
- Overview of B&B Hardware Inc. v. Hargis Industries Inc.
- Impact of the B&B Hardware decision
- Trademark enforcement before B&B Hardware
- Trademark enforcement after B&B Hardware
- Implications for practitioners in light of B&B Hardware
- Strategy for TTAB proceedings
- Evidence of marketplace usage
- Impact on TTAB proceedings and litigation in federal court
- Impact on appeals of TTAB decisions to federal district courts or the Federal Circuit
The panel will review these and other key issues:
- When are TTAB decisions preclusive? What conditions must be met?
- What are the potential implications for consideration of marketplace usage?
- How will the decision impact trademark counsel’s strategy for TTAB proceedings?
Roger N. Behle, Jr.
Foley Bezek Behle & Curtis
Mr. Behle heads the firm’s intellectual property and entertainment law departments. He has more than 20... | Read More
Mr. Behle heads the firm’s intellectual property and entertainment law departments. He has more than 20 years of litigation experience and has tried multiple federal and state jury trials through verdict, including nationally publicized cases involving copyright infringement, trademark infringement, trade secrets, breach of contract, fraud and related claims. He was lead trial counsel for B&B Hardware Inc. in its successful opposition to Hargis Industries Inc.'s attempt to register the mark SEALTITE before the TTAB.Close
Stephen R. Baird
Winthrop & Weinstine
Mr. Baird heads the Intellectual Property and Trademark and Brand Management Practice Groups, and his practice... | Read More
Mr. Baird heads the Intellectual Property and Trademark and Brand Management Practice Groups, and his practice emphasizes trademark law, related unfair competition law and copyright law. He counsels clients on trademark usage and clearance, branding strategies, portfolio management, litigation and enforcement, Internet domain name disputes, licensing and prosecution.Close
Pattishall McAuliffe Newbury Hilliard & Geraldson
Mr. Widmaier has been charged with protecting some of the world's most identified brands. He works with clients to... | Read More
Mr. Widmaier has been charged with protecting some of the world's most identified brands. He works with clients to create a real strategy to protect their brands, and brings the kind of thinking into litigation that can best defend against infringement. He deals with Internet-related issues such as deceptive keyword marketing, sponsored links, and the use of marks on social media.Close