B & B Hardware, Inc. v. Hargis Indus., Inc.

B&B, manufacturer and seller of "Sealtight," sued Hargis, manufacturer of "Sealtite," claiming trademark infringement and unfair competition. Hargis counterclaimed for false advertising and false designation of origin. The jury rejected B&B's claims but found in favor of Hargis on its counterclaims. The Eighth Circuit concluded that the district court properly refused to apply collateral estoppel to the Trademark Trial and Appeal Board's (TTAB) decision concerning likelihood of confusion; rejected B&B's argument that the TTAB's factual findings from a trademark registration case were entitled to deference; and concluded that the district court did not abuse its discretion in excluding the TTAB's decision from the evidence presented to the jury. On remand from the Supreme Court the Eighth Circuit vacated and remanded, holding that the ordinary elements of issue preclusion were met, and the usages of the mark adjudicated before TTAB were materially the same as the usages before the district court. On remand, the district court should give preclusive effect to the decision of the TTAB on likelihood of confusion. View "B & B Hardware, Inc. v. Hargis Indus., Inc." on Justia Law