Eighth Circuit Follows Supreme Court's Directive on Issue Preclusion and Vacates Judgment in B&B Hardware Trademark Case | Practical Law
In B & B Hardware, Inc. v. Hargis Industries, Inc., the US Court of Appeals for the Eighth Circuit, hearing the case on remand from the US Supreme Court, vacated and remanded a district court judgment in favor of Hargis Industries, Inc., an accused trademark infringer. The Eighth Circuit reasoned that the district court should have given preclusive effect to the Trademark Trial and Appeal Board's (TTAB) ruling that Hargis's use of the SEALTITE trademark created a likelihood of confusion with B & B Hardware, Inc.'s SEALTIGHT mark.