Fourth Circuit Applies Collateral Estoppel Based on TTAB Finding

Monday, August 8, 2016

Relying on the Supreme Court’s B&B Hardware, Inc. v. Hargis Indus., Inc., 135, S.Ct. 1293, 1299 (2015) decision, the Fourth Circuit affirmed the decision of the U.S. District Court for the District of Maryland dismissing a trademark infringement complaint as barred by collateral estoppel on the ground that the defendant had previously prevailed on the issue of priority before the Trademark Trial & Appeal Board, and thus the plaintiff could not proceed with its complaint.  Ashe v. PNC Fin. Servs. Grp., Inc., No. 15-2566, 652 Fed.Appx. 155 (4th Cir. June 13, 2016).