December 2, 2014
Partner Andrea L. Calvaruso
was quoted in the InsideCounsel
article “Oral Arguments to be Heard in B&B Hardware vs. Hargis Industries Case.” The article previews a Supreme Court case examining whether a federal district court needs to defer to the U.S. Patent and Trademark Office’s Trademark Trial and Appeal’s Board’s (TTAB) rulings. Ms. Calvaruso states, “a TTAB decision after adjudication on the merits may affect the party’s ability to raise claims in the subsequent litigation.” In addition, she says the outcome of the case could cause increases in expenses and time in litigation for trademark owners. “If the issue is not considered early and carefully, a trademark owner may find it has spent a significant amount of time and money adjudicating the matter in the TTAB, only to face the same fight again in court.” Ms. Calvaruso is hopeful that the Supreme Court will encourage greater clarity from its decision in the B&B case and how it relates to the effect of TTAB rulings.