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Hargis also contends which the stakes for registration are a great deal of reduce than for infringement that issue preclusion must in no way apply to TTAB conclusions.
In gentle of this history, I can't agree with the majority’s final decision to apply administrative preclusion from the context of your Lanham Act.four To start out, the Lanham Act was en- acted in 1946, twenty years just before this Court explained—even in dic- tum—that administrative preclusion was an established widespread-law basic principle.
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into the usages it does contemplate. If a mark operator utilizes its mark in materially the exact same ways since the usages A part of its registration software, then the TTAB is selecting exactly the same probability-of-confusion challenge as a district court in infringement litigation.
, at 108, that Congress will not want it. Here, if a streamlined course of action in all registration bb hardware matters was particularly expensive to Congress, it would not have approved de novo
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critique of TTAB choices in district court docket. It really is remarkable to imagine that a district court’s adjudication of specific usages would not have preclusive impact in An additional district courtroom.
C. 20543, of any typographical or other formal glitches, so as that corrections may very well be built prior to the preliminary print goes to push.
And it fails to contemplate regardless of whether applying administrative preclusion to the Main factual dedication in a private-legal rights dispute comports Together with the separation of powers.
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Right here, if a celebration urged a district court docket examining a TTAB registration choice to provide preclusive outcome to the quite TTAB conclusion under assessment, Astoria
2 During the nineteenth century, As an illustration, this Court successfully gave preclusive outcome to the selections in the U. S. Land Department with regard to land patents when it held these types of patents unreviewable in federal court docket “for mere problems of judgment.” Smelting Co.