musicnlaw: Preclusive Effect of Federal Court Trademark ...

Interesting case, Mayer/Berkshire Corp. v. Berkshire Fashions, 424 F.3d 1229 (C.A.F.C. 2005); 76 USPQ2d 1310, which illustrates that a trademark infringement action in federal district court is not automatically of preclusive effect in an opposition proceeding in the U.S. Patent and Trademark Office. Judge Newman points out that an infringement plaintiff sues for injury caused by the sale or advertising of goods or services bearing the allegedly infringing mark, whereas an opposition is based on the content of the application.? Therefore the actions may involve different transactional facts, different burdens, proofs and public policies.

Important to know.

Source: http://musicnlaw.blogspot.com/2012/02/preclusive-effect-of-federal-court.html

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