Overview
Joanne Ludovici said that, in the Supreme Court’s hearings on two cases involving the preclusive effect of Trademark Trial and Appeal Board rulings on later district court actions, “[Chief Justice John] Roberts seemed to take a middle-of-the-road approach during oral argument, and I hope that is the way the court rules.” Ms. Ludovici summarized the Chief Justice’s position as, “We can’t have zero preclusion, but we can’t have total preclusion either.”