Date: June 8, 2026Attorney: Joel G. MacMull

Can a decision made by the Trademark Trial & Appeal Board preclude the litigation of a likelihood of confusion issue 13 years later in connection with an infringement action brought in a federal district court?

In the latest episode of MacMull Musings, Joel MacMull discusses a recent appeal before the Second Circuit involving issue preclusion, trademark law, and the question of whether a prior proceeding provided a true “full and fair opportunity” to litigate.

Joel also examines the evolving impact of marketplace evidence and the broader implications of B&B Hardware on trademark disputes.

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