Are Circuit Courts of Appeals Split as to the Preclusive Impact Accorded to Prior Trademark Trial and Appeal Board Decisions? | Sheppard Mullin Richter & Hampton LLP – JDSupra

Article by · 2014/01/30 ·

(…) 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.”  (…)

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