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22 Jun 11:26 am by Barry Barnett
... 's "Sealtight" trademark counted as suggestive or just descriptive. B&B alleged that Hargis's "Sealtite" mark infringed. The suggestive v. descriptive issue mattered because the owner ... B&B didn't give up. Six years later, it sued Hargis again. Hargis moved to dismiss on the ground that the jury verdict precluded -- collaterally estopped -- any contrary finding ... Eighth Circuit reversed and remanded. B&B Hardware, Inc. v. Hargis Industries, Inc., No. 07-3866 (8th Cir. June 22, 2009). It ...
Blawgletter - http://blawgletter.typepad.com/bbarnett/
28 Jun 9:16 am by Tom Casagrande
... any dispute we'll ever see, but in case you're still interested, I summarize it below. Here's the chronology in B & B Hardware v. Hargis Industries, Inc., No. 07-3866 (8th Cir. June 22, 2009): Plaintiff registered its mark. Defendant then petitioned the TTAB to cancel it. A short while later-and before Plaintiff's registration qualified for incontestability status-Plaintiff sued Defendant for infringement in SUIT 1. ...
Likely to be Confused — The Softer Side of IP Law - http://secondarymeaning.blogspot.com
         
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