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at 108. We conclude that nothing at all in the Lanham Act bars the appliance of issue preclusion in these kinds of circumstances.
Whatever the validity of that presumption with respect to statutes enacted right after its development, there is absolutely no justification for applying it towards the Lanham Act, passed in 1946. Observing no other rationale to conclude that Congress implicitly licensed the selections of the Trademark Demo and Enchantment Board (TTAB) to obtain preclusive outcome in a very subsequent trademark infringement suit, I'd personally affirm the choice on the Court of Appeals.
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to the usages it does take into account.four If a mark owner works by using its mark in ways that are materially similar to the usages included in its registration application, then the TTAB is b&b hardware determining the identical probability-of-confusion situation as a district courtroom in infringement litigation. In contrast, if a mark owner employs its mark in ways that are materially unlike the usages in its software, then the TTAB just isn't selecting the identical concern.
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’s dictum, the Court has not applied the presumption of administrative preclusion to your Lanham Act. Whether or not the Court docket’s description of your presumption were not dictum, no theory of stare decisis
and equitable estoppel don't ordinarily implement to choices of administrative tribunals.” Churchill Tabernacle v. FCC
What issues in this article is the fact registration is not really a prerequisite to an infringement motion. Instead, This is a separate proceeding to make a decision individual rights. Neither is concern preclusion a one particular-way Road. Each time a district court docket, as A part of its judgment, decides a problem that overlaps with Portion of the TTAB’s Examination, the TTAB presents preclusive outcome into the court docket’s judgment.
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Despite rejecting the availability of preclusion, the Court docket Yet, in dictum, declared a presumption in favor of offering preclusive outcome to administrative determinations “where by Congress has unsuccessful expressly or impliedly to evince any intention on The problem.” Id.,