Albert Einstein urged: “Make things as simple as possible but no simpler.” The Supreme Court’s seemingly-straightforward opinion in B&B Hardware has many complicated repercussions, and this presentation explains them while not over-simplifying. In this case, the Court awarded the possibility of preclusion to decisions of the Trademark Trial and Appeal Board, though only under narrowly-defined parameters. While the effects of this decision have not yet been fully realized, Anne Gilson LaLonde, author of Gilson on Trademarks, describes the decision in detail and offers several possible theories as to the impact of the decision. Anne follows that with a discussion of the practical impacts of the decision on your trademark practice.
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If you are licensed in New York, this content is appropriate for both newly admitted and experienced New York attorneys. Although, this content is appropriate for all New York attorneys, newly admitted attorneys cannot earn CLE credit for the completion of the course when presented via on-demand.