When Is Enough Enough?

The Supreme Court will tell us soon, when it decides B&B Hardware, Inc. v. Hargis Industries, Inc., Case No. 13-352. B&B Hardware and Hargis Industries have been duking it out for over a decade.

In 2007, the Trademark Trial and Appeal Board (the "TTAB") ruled that Hargis could not register the mark SEALTITE for use with metal screws for buildings because it was likely to be confused with B&B Hardware's federal registration for the mark SEALTIGHT for use with metal screws in the aerospace industry.

Handing Hargis a 1-2 punch, B&B sued Hargis for infringement in U.S. district court to stop Hargis Industries from using SEALTITE in the marketplace. The jury found in favor of Hargis, finding no likelihood of confusion. The verdict was affirmed on appeal, and B&B asked the US Supreme Court to hear the case.