SCOTUS Hears Two Trademark Cases This Week

The outcome of these two cases could significantly affect the cost of trademark dispute resolution. The decision in B&B Hardware v Hargis Industries could prevent parties from re-litigating likelihood of confusion before the federal courts once the TTAB has decided the issue. That could “dramatically narrow the issues presented in the thousands of trademark cases filed in federal district court each year,” Arent Fox attorney Anthony V. Lupo told World Trademark Review. In Hana Financial v Hana Bank, the court tackles trademark tracking doctrine, in a case that may impact the type and amount of evidence presented in such cases, and thus their cost.