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Supreme Court

Sep 03, 2021

Belmora Petitions for Supreme Court Review of FLANAX Decision

Product brands, and the trademarks that define them, are often divided along national borders. This is why Smarties® candies in the U.S. and Smarties® candies in the rest of the world are completely different products from different producers. Even a brand like Budweiser® beer is sold under a different name in Europe because a Czech brewer has the rights to that mark in the E.U. » Read More

Jul 02, 2021

Challenging the Validity of a Patent: The Supreme Court Minerva Decision

The Supreme Court of the United States recently held in the case of Minerva Surgical, Incorporated v. Hologic, Incorporated that the doctrine of assignor estoppel (a rule that prevents people who assign their patents to a company from then challenging the validity of their patent) is alive and well, but subject to certain important exceptions. » Read More

Nov 07, 2018

U.S. Supreme Court Scheduled to Hear Whether Copyright Registration Is Required for Suit

For decades, federal courts around the country have split over whether a U.S. copyright registration is required to bring an infringement action, or whether the filing of an application with the U.S. Copyright Office is sufficient. At long last, the U.S. » Read More

Mar 18, 2015

TTAB Decision Can Have Preclusive Effect Says Supreme Court in B&B Hardware Decision

The Supreme Court issued its decision in B&B Hardware, Inc. v. Hargis Industries, Inc.  For those readers unfamiliar with this case, we previously discussed it after the Supreme Court heard oral arguments and provide background on the case here.

The Court determined that, provided other general elements of issue preclusion are met, a decision by the Trademark Trial and Appeal Board (TTAB) can have preclusive effect if the actual usage of the relevant marks considered by the TTAB,  are materially the same as those before a district court.  » Read More

Dec 05, 2014

Supreme Court Hears Oral Arguments in B&B Hardware, Inc. v. Hargis Industries, Inc.

The Supreme Court heard arguments in the case of B&B Hardware, Inc. v. Hargis Industries, Inc., this week.  The case, which involves the manufacturer of industrial fasteners for the aerospace industry (B&B Hardware) and a manufacturer of self-drilling screws (Hargis Industries), is one of the most important trademark cases to come before the Supreme Court in recent years.  » Read More