Trademark Alert: Supreme Court Ruling on Potential Preclusive Effect of TTAB Decisions Raises Numerous Legal and Practical Questions

Summary: In a decision that could have a profound impact on practice before the Trademark Trial and Appeal Board (TTAB), the Supreme Court held yesterday that the TTAB’s determination as to the likelihood of confusion between two marks is entitled to issue preclusion in a subsequent trademark infringement action in federal court if there are no material differences in the marks and usages at issue in the two proceedings.