In the Press
July 27, 2020

These 10 Decisions Remade The Trademark Landscape (Law360)

The last decade has been a momentous one for trademark law. Law360 ranked the blockbuster decisions from the past 10 years, at the Supreme Court and beyond, that shaped trademark law into what it is today. Goodwin’s victory in B&B Hardware v. Hargis Industries was ranked second. 

Appellate Litigation partner William Jay, Intellectual Property partner Robert Carroll, and Global Trade partner Jacob Osborn secured the landmark victory for B&B Hardware in this case, which addressed when a decision of the Trademark Trial and Appeal Board (TTAB) may also bind a federal district court, through the doctrine of issue preclusion. Trademark owners routinely litigate overlapping issues in both venues. Because of the Supreme Court’s holding that a decision by the TTAB can foreclose arguments in court, TTAB cases now have higher stakes — and some parties now choose to skip the TTAB entirely. The decision has also influenced the preclusive effect of decisions by the Patent Trial and Appeal Board.

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