Sentences with phrase «decisions issue preclusion»
Because the TTAB may not always consider actual marketplace usage, the Court found that «for a great many registration decisions issue preclusion obviously will not apply.»
http://www.brookskushman.com/ Not exact matches
On appeal, the United States Court of Appeals for the Eighth Circuit, «though accepting... that agency decisions can ground issue preclusion,» affirmed the district court's ruling on three grounds: (1) «the TTAB uses different factors than the Eighth Circuit to evaluate likelihood of confusion,» (2) the «TTAB placed too much emphasis on the appearance and sound of the two marks,» and (3) different parties bear the burden of persuasion before the TTAB and before the district court.