Moskin Quoted on B&B Hardware Trademark Decision

24 March 2015 Bloomberg BNA Patent, Trademark & Copyright Journal News

Bloomberg BNA Patent, Trademark & Copyright Journal

Partner Jonathan Moskin was quoted in a Bloomberg BNA Patent, Trademark & Copyright Journal article, “TTAB Rulings on Registration May Trigger Preclusion in Trademark Infringement Cases,” on March 24, 2015. The article analyzed the U.S. Supreme Court’s decision in the B&B Hardware vs. Hargis Industries case, which concluded that Trademark Trial and Appeal Board (TTAB) decisions on the likelihood of confusion can prevent court rulings of the same issue.

Moskin was quoted saying, “I am pleased that the court reversed the 8th Circuit decision. It would be unreasonable to deprive all TTAB cases of preclusive effect when the statutory test is the same in TTAB and federal court cases, even if it is applied somewhat differently.”