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In mild of this historical past, I cannot agree with The bulk’s final decision to apply administrative preclusion during the context on the Lanham Act.4 To begin, the Lanham Act was en- acted in 1946, twenty years before this Court docket said—even in dic- tum—that administrative preclusion was an established popular-legislation principle.
The 1st problem that we must tackle is whether an agency selection can ever floor difficulty preclusion.
B&B appealed on the Eighth Circuit. However accepting for your sake of argument that agency conclusions can floor concern preclusion, the panel vast majority affirmed for 3 reasons: 1st, as the TTAB works by using different factors compared to Eighth Circuit To judge likelihood of confusion; next, because the TTAB positioned an excessive amount of emphasis on the looks and seem of the two marks; and third, simply because Hargis bore the load of persuasion ahead of the TTAB, whilst B&B bore it prior to the District Court docket.
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Hargis also argues that allowing TTAB selections to possess challenge-preclusive influence will adversely have an effect on the registration process. Because of the TTAB’s “ ‘minimal jurisdiction’ ” and “ ‘the narrowness of the issues’ ” right before it, Hargis contends, the Court docket need to infer that TTAB proceedings are imagined to be a lot more streamlined than infringement litigation.
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The assert that we should go through the Lanham Act narrowly to avoid Write-up III problems is Similarly unavailing—and for identical factors. Hargis argues that since it may possibly violate Short article III if an company could make a call with preclusive outcome inside a later proceeding before a federal court, we should conclude, as being a statutory make a difference, that challenge preclusion is unavailable. This kind of Keeping would not in shape with our precedent. By way of example, in Elliott
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To make a presumption centered solely on dictum would be negative plenty of, however the ideas Utah Development
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