B & B Hardware, Inc. v. Hargis Industries, Inc.
United States Supreme Court
135 S.Ct. 1293 (2015)
Hargis Industries (defendant) sold construction fasteners under "SEALTITE," while B&B Hardware (plaintiff) sold aerospace fasteners under "SEALTIGHT." B&B opposed Hargis's trademark registration before the Trademark Trial and Appeal Board (TTAB) while separately suing Hargis for infringement in federal court. The TTAB ruled for B&B on likelihood of confusion, but the district court held that ruling had no preclusive effect since the TTAB isn't an Article III court, and a jury ultimately found for Hargis; the court of appeals affirmed, citing differences between the TTAB's and the district court's approaches to likelihood of confusion.
Whether a Trademark Trial and Appeal Board decision on likelihood of confusion can preclude relitigation of that issue in a later federal infringement action.