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ARTICLE · 18 DECEMBER 2017

SDNY Applies B&B Hardware Issue Preclusion Based On 2004 TTAB Decision

Wolf, Greenfield & Sacks, P.C.
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In a trademark infringement suit in the Southern District of New York, the U.S. district court granted plaintiff's motion for summary judgment...

United StatesIntellectual Property
John L. Welch
John L. Welch
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In a trademark infringement suit in the Southern District of New York, the U.S. district court granted plaintiff's motion for summary judgment, ruling that issue preclusion applied to the issue of likelihood of confusion based on a 2004 TTAB decision [pdf here]. The court found defendant's mark LIANA for wine confusable with plaintiff's previously registered mark LIANO for wine. Defendants argued that "their actual marketplace usage of LIANA is materially different from that with the TTAB adjudicated," but the court disagreed. Did the court properly apply B&B Hardware? Cesari S.R.L. v. Peju Province Winery L.P. et al., Civil Action No. 17 Civ. 873 (NRB) (S.D.N.Y.  Dec. 11, 2017).

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