Per Curiam Decision by Eighth Circuit in B&B Hardware Case- August 25, 2015

Announcement Description

Per Curiam Decision in BandB_Aug 27 2015.pdfPer Curiam Decision in BandB_Aug 27 2015.pdf

Per Curiam Decision in B&B Hardware, Inc. v. Hargis Industries, Inc. 135 S. Ct. 1293 (2015)

--August 25, 2015

On remand from the Supreme Court, the Eighth Circuit vacated the district court's judgment and remanded the case for further proceedings, including what remedies may be awarded for infringement. The court determined that the ordinary elements of issue preclusion had been met, and the usages of the mark adjudicated before the Trademark Trial and Appeal Board (TTAB) were materially the same as the usages before the district court. On remand the district court was directed to give preclusive effect to the decision of the TTAB on likelihood of confusion and also to reconsider the award of attorney's fees.

A pdf of the decision is attached above.




Created at 9/2/2015 1:47 PM by Kathryn Smith
Last modified at 9/2/2015 2:02 PM by Kathryn Smith