IP Industry Summary: Supreme Court Determines Preclusive Effect To Be Given To TTAB Decisions

B&B Hardware, Inc. v. Hargis Indus., Inc., 575 U.S. ___ (2015)

The Supreme Court recently had occasion to determine whether Trademark Trial and Appeal Board decisions can have preclusive effect in federal district court proceedings in B&B Hardware, Inc. v. Hargis Industries, Inc.

The saga begins with B&B Hardware, Inc. and Hargis Industries, Inc., two metal fastener manufacturers who have been involved in an ongoing dispute over their trademarks SEALTIGHT and SEALTITE for nearly two decades. Most recently, Hargis Industries attempted to register its mark SEALTITE with the United States Patent and Trademark Office (USPTO). B&B opposed the registration because of the proposed mark's similarity to B&B's own SEALTIGHT mark. The Trademark Trial and Appeal Board (TTAB) determined that Hargis's SEALTITE mark was likely to cause confusion with B&B's SEALTIGHT mark and refused registration. Hargis did not seek judicial review of this decision in the Federal Circuit or a