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S. Ct.: Findings on Likelihood of Confusion by TTAB
On March 24, 2015, the United States Supreme Court issued a 7-2 opinion, authored by Justice Alito, in B&B Hardware, Inc. v. Hargis Indus., Inc., Case No. 13-352. The majority held that “[s]o long as the other ordinary elements of issue preclusion are met, when the usages adjudicated by the TTAB [Trademark Trial and Appeal Board] are materially the same as those before the district court, issue preclusion should apply.” Slip op. at 22. Justices Roberts, Kennedy, Ginsburg, Breyer, Sotomayor, and Kagen joined in the opinion. Justice Ginsburg filed a concurring opinion. Justice Thomas filed a dissenting opinion, in which Justice Scalia joined.
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Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.