Supreme Court: TTAB Decisions May Have Preclusive Effect In Litigation

Issuing its second trademark decision in 2015, the Supreme Court of the United States in a 7–2 decision reversed the U.S. Court of Appeals for the Eighth Circuit, concluding that an administrative ruling by the U.S. Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board (TTAB) on the issue of likelihood of confusion can preclude a later ruling by a federal court on the issue of likelihood of confusion in a subsequent trademark infringement if "the usages adjudicated by the TTAB are materially the same as those before a district court," and "so long as the other ordinary elements of issue preclusion are met."  B&B Hardware, Inc. v. Hargis Industries, Inc., et. al.,Case No. 13-352 (Sup. Ct., March 24, 2015) (Alito, Justice).