From the early twentieth century, the Court docket started to move towards significant-evidence assessment of administrative determinations involving blended issues of law and fact, ICC
Both equally this Courtroom’s cases plus the Restatement make clear that difficulty preclusion isn't restricted to Individuals situations wherein precisely the same problem is right before two courts
So, it seems that the trademark infringement match at issue In this instance might be of a sort that should be resolved by “Write-up III judges in Report III courts.” Stern
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The historical treatment of administrative preclusion is in keeping with this comprehension. As mentioned higher than, most administrative adjudications that got preclusive result in Post III courts associated quasi-private rights like land grants. See Smelting Co.
for the usages it does take into consideration. If a mark proprietor uses its mark in materially precisely the same ways since the usages A part of its registration software, then the TTAB is deciding the exact same likelihood-of-confusion concern to be a district court in infringement litigation.
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Why would unchallenged TTAB selections be various? Congress’ development of the elaborate registration scheme, with a great number of essential legal rights b&b hardware hooked up and backed up by plenary assessment, confirms that registration selections can be weighty ample to floor problem preclusion.
critique of TTAB selections in district court. It is incredible to believe a district courtroom’s adjudication of particular usages wouldn't have preclusive result in An additional district courtroom.
(b) Neither the Lanham Act’s text nor its composition rebuts the “presumption” in favor of providing preclusive influence to TTAB choices exactly where the normal things of problem preclusion are achieved. Astoria
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, as well as text, construction, and history on the Lanham Act offer no aid for this sort of preclusion. I disagree with The bulk’s willingness to endorse Astoria
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