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(two) The truth that the TTAB and district courts use various procedures implies only that often problem preclusion might be inappropriate, not that it generally is.
’s presumption to this enactment through the 1940’s. And, construing the Act on its own terms, I see no reason to conclude that Congress supposed administrative preclusion to apply to TTAB conclusions of actuality in a very subsequent trademark infringement go well with.
Nobody disputes that the TTAB and district courts use unique treatments. Most notably, district courts feature Reside witnesses.
4 The parties dispute whether and how frequently the TTAB considers usages past Those people shown in the application and registration. We don't resolve that dispute in this article. Suffice it to express that when the TTAB adjudicates a utilization inside its authority
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(b) Neither the Lanham Act’s textual content nor its construction rebuts the “presumption” in favor of supplying preclusive impact to TTAB selections where the common elements of concern preclusion are achieved. Astoria
The claim that we should go through the Lanham Act narrowly in order to avoid Short article III fears is Similarly unavailing—and for identical reasons. Hargis argues that because it may violate Write-up III if an agency could make a decision with preclusive effect inside a afterwards continuing ahead of a federal courtroom, we should always conclude, as a statutory issue, that problem preclusion is unavailable. This type of holding wouldn't in shape with our precedent. As an example, in Elliott
’s conclu-sion that courts “haven't hesitated” to apply administrative preclusion, 384 U. S., at 422, was mistaken and positively really should not be applied to statutes—such as the Lanham Act—enacted ahead of 1966. We don't choose who reads the history improved. The Courtroom has repeat-edly endorsed Utah Design
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