B & B Hardware v. Hargis Industries, et al

B&B, manufacturer and seller of a product called "Sealtight," filed suit against Hargis, manufacturer of a product called "Sealtite," claiming trademark infringement and unfair competition. Hargis counterclaimed for false advertising and false designation of origin. The jury returned a verdict which rejected B&B's claims but found in favor of Hargis on its counterclaims. On appeal, B&B argued that the district court should have given preclusive effect to the Trademark Trial and Appeal Board's (TTAB) findings concerning the likelihood of confusion of the two companies' trademarks. B&B also appealed the award of attorney fees and costs. The court concluded that the district court properly refused to apply collateral estoppel to the TTAB's decision; rejected B&B's argument that the TTAB's factual findings from a trademark registration case were entitled to deference by the district court; and concluded that the district court did not abuse its discretion in excluding the TTAB's decision from the evidence presented to the jury. Therefore, the court affirmed the denial of B&B's motion for judgment as a matter of law or alternative motion for a new trial based on its claim of issue preclusion; affirmed the district court's evidentiary decisions; and remanded the award of attorney fees with directions to amend the award by deducting Hargis's attorney fees for the prior appeal. View "B & B Hardware v. Hargis Industries, et al" on Justia Law