Hana, B&B Hardware Are High Court’s Biggest Trademark Cases in Years

Overview


Joanne Ludovici said two major IP cases before the Supreme Court involve “sticky issues on confusion and consumer protection,” adding “they are not what I would call fringe cases.” In B&B Hardware, Ms. Ludovici said “I think the Eighth Circuit went a little too far” in rejecting a Trademark Trial & Appeal Board decision, predicting that “we will get more of a middle-of-the-road decision from the Supreme Court.” And she called the Hana case, which involves tacking issues, “one of those gray areas where it would be nice to have some guidance on. Because if it comes up then it is a very important issue.”