Third Circuit Rules That TTAB Decision Has No Claim Preclusive Effect On "THE EBONYS" Section 43(a) Claim

[Caveat: Marty Schwimmer and Yours Truly represented David Beasley in this appeal]. In a long-running dispute over the band name THE EBONYS, the U.S. Court of Appeals for the Third Circuit reversed the order of the New Jersey district court dismissing David Beasley's Section 43(a) infringement claim on the ground of claim preclusion. The appellate court ruled that because the jurisdiction of the TTAB is limited to the issue of registrability and does not extend to "use" of a mark or allow for broader remedies, the earlier TTAB judgments against Beasley "do not carry claim preclusive effect against subsequent Article III infringement proceedings under section 43(a)." David Beasley v. William H. Howard, Appeal No. 20-1119 (3rd Cir. September 17, 2021) [precedential].