(…) The Underlying Actions
B&B and Hargis are both in the fastener business; the former’s products are used predominantly in the aerospace industry and the latter’s in the construction of metal buildings. In 1993, B&B registered its SEALTIGHT trademark for use on “threaded or unthreaded metal fasteners and other related hardware; namely, self-sealing nuts, bolts, screws, rivets and washers, all having a captive o-ring, for use in the aerospace industry.” B&B filed an opposition to Hargis’ 1996 application to register SEALTITE for use with “self-piercing and self-drilling metal screws for use in the manufacture of metal and post-frame buildings.” (…)