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For the same cause, the Eighth Circuit erred in holding that situation preclusion couldn't implement here because the TTAB relied also closely on “appearance and sound.” App. to Pet. for Cert. 10a. Definitely there are circumstances wherein the TTAB areas more bodyweight on sure elements than it must.
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Enabling the exact same issue for being made a decision much more than once wastes litigants’ sources and adjudicators’ time, and it encourages events who shed ahead of just one tribunal to shop all around for an additional. The doctrine of collateral estoppel or situation preclusion is built to reduce this from developing.
, at 108, that Congress does not want it. Listed here, if a streamlined process in all registration matters was particularly expensive to Congress, it would not have authorized de novo
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Congress’ development of an elaborate registration plan, with a lot of crucial rights hooked up and backed up by plenary overview, confirms that registration choices can be weighty more than enough to ground issue preclusion. Pp. 21–22.
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The first way by which TTAB proceedings differ from regular civil litigation is the fact “proceedings ahead of the Board are conducted in composing, along with the Board’s steps in a certain scenario are centered on the published report therein.
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