The Supreme Court ruled that Trademark Trial and Appeal Board (TTAB) decisions regarding likelihood of confusion have preclusive effect in subsequent district court infringement actions “[s]o long as the other ordinary elements of issue preclusion are met [and] when the uses adjudicated by the TTAB are materially the same as those before the district court.” This decision has the potential to give broader effect to TTAB decisions in certain situations and may have the effect of making TTAB proceedings more complex for brand owners. Speakers from both parties will discuss the case, while INTA will speak about its brief. The speakers will then discuss the impact of the case on future TTAB practice. Goodwin Procter partner William M. Jay will speak as to the petitioner's brief.
Speaking Engagements April 21, 2015