Overview
Joanne Ludovici assessed the upcoming B&B Hardware v. Hargis Industries Supreme Court case, which focuses on how much deference the courts should give to USPTO trademark determinations. “I think the Supreme Court will decide that there should be some deference to USPTO decisions,” Ms. Ludovici said, particularly “if the facts and the analysis are the same in the USPTO proceeding and the court proceeding.” If the Supreme Court so decides, she continued, “this will narrow the issues that get to court and reduce the costs of litigation.”