Following SCOTUS Decision in B&B v. Hargis, 8th Circuit directs district court to give preclusive effect to TTAB’s decision

Following the holding of the U.S. Supreme Court that decisions of the United States Patent and Trademark Office Trademark Trial and Appeal Board (TTAB) can have preclusive effect, the 8th Circuit Court of Appeals determined that the ordinary elements of issue preclusion were met.  It vacated the judgment of the District Court for the Eastern District of Arkansas – Little Rock and remanded for further proceedings, giving preclusive effect to the TTAB’s decision on likelihood of confusion. See our article on the significance of the Supreme Court’s decision in B&B.