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For a similar explanation, the Eighth Circuit erred in Keeping that situation preclusion couldn't apply below since the TTAB relied far too intensely on “physical appearance and audio.” App. to Pet. for Cert. 10a. Without doubt you will find conditions in which the TTAB spots more pounds on particular variables than it must.
At last we flip to whether There's a categorical cause why registration choices can in no way satisfy the standard aspects of challenge preclusion, e.g., All those elements established out in §27 from the Restatement (2nd) of Judgments. Though several registrations will never fulfill People ordinary elements, that doesn't suggest that none will.
I might hold the TTAB’s trademark-registration conclusions are not entitled to preclusive effect inside a subsequent infringement fit. The common regulation will not help a basic presumption in favor of administrative preclusion for statutes handed right before this Courtroom’s selection in Astoria
They don't seem to be constituted to work out “independent judgment,” but to be responsive to the pressures of your political branches. Perez v. Property finance loan Bankers Assn.
Why would unchallenged TTAB selections be distinct? Congress’ creation of the elaborate registration scheme, with a great number of essential rights connected and backed up by plenary review, confirms that registration choices could be weighty enough to ground concern preclusion.
Hargis also argues that enabling TTAB decisions to have challenge-preclusive effect will adversely influence the registration method. Because of the TTAB’s “ ‘constrained jurisdiction’ ” and “ ‘the narrowness of the issues’ ” prior to b&b hardware it, Hargis contends, the Court should really infer that TTAB proceedings are supposed to be a lot more streamlined than infringement litigation.
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All of the though, B&B experienced sued Hargis for infringement. Before the District Court docket dominated on likelihood of confusion, on the other hand, the TTAB introduced its selection. Following a series of proceedings not relevant in this article, B&B argued on the District Courtroom that Hargis couldn't contest chance of confusion as a result of preclusive impact of your TTAB determination.
, and the textual content, construction, and history with the Lanham Act give no assistance for these types of preclusion. I disagree with the majority’s willingness to endorse Astoria
Even with rejecting the availability of preclusion, the Courtroom nevertheless, in dictum, declared a presumption in favor of supplying preclusive effect to administrative determinations “exactly where Congress has failed expressly or impliedly to evince any intention on The difficulty.” Id.,