TTAB Decisions Must Be Upheld, Says Supreme Court

The Supreme Court issued its first major trademark decision in more than a decade on Tuesday in B&B Hardware v. Hargis Industries, ruling that federal courts must defer to previously issued Trademark Trial and Appeal Board rulings when the issues that the two consider are identical. The Court reached the decision by a 7-2 majority, overturning a ruling by the 8th Circuit Court of Appeals, which found that federal courts owed the TTAB no such deference. Justice Samuel Alito wrote for the majority and Justice Clarence Thomas, joined by Justice Antonin Scalia, wrote in dissent.

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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas.  He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.