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 For the same cause, the Eighth Circuit erred in holding that concern preclusion could not implement listed here because the TTAB relied much too intensely on “physical appearance and sound.” Application. to Pet. for Cert. 10a. Without doubt you will find cases during which the TTAB places extra fat on selected aspects than it should really.

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 At common law, concepts of res judicata and collateral estoppel utilized only to a call by a “court of skilled jurisdiction.” Aurora City v. West

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’s conclu-sion that courts “haven't hesitated” to apply administrative preclusion, 384 U. S., at 422, was mistaken and certainly really should not be placed on statutes—like the Lanham Act—enacted prior to 1966. We don't come to a decision who reads the historical past far better. The Court docket has repeat-edly endorsed Utah Design

(3) Hargis can also be wrong which the stakes for registration are constantly as well small for challenge preclusion in later infringement litigation. When registration is opposed, there is superior explanation to believe that either side will take the make any difference significantly.

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