E.D. Va. Gives Preclusive Effect to TTAB Finding of Fraud in NATIONSTAR Case

The Eastern District of Virginia followed the TTAB’s finding of fraud in Nationstar Mortgage, LLC. v. Mujahid Ahmad and Nationstar Mortgage, Inc., as reported at https://ladasparry.wpengine.com/news/nationstar-mortgage-v-ahmad-fraud-uspto-alive/, holding on Summary Judgment that there is a likelihood of confusion arising from the defendant’s continued use of NATIONSTAR MORTGAGE. The court relied on the Supreme Court holding in B&B Hardware v. Hargis Industries, Inc., as reported at https://ladasparry.wpengine.com/bb-hardware-v-hargis-what-it-means-and-how-it-will-affect-ttab-litigation/, in finding that all elements of claim preclusion were met in relation to the Plaintiff’s claim of fraud on the Trademark Office.