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Fireball Frenzy: When First Registering a Mark, Genericness of a Mark Is Determined at the Time of Registration

BULLSHINE DISTILLERY LLC v. SAZERAC BRANDS, LLC - Before Moore, Reyna and Taranto. Appeal from the Trademark Trial and Appeal Board. In assessing genericness, the TTAB considers how the mark was understood at the time of...more

Collateral Estoppel Does Not Apply When the Prior Proceeding Applies a Lower Burden of Proof

Because there are different burdens of proof in IPRs and district court, collateral estoppel does not preclude a patent owner from asserting claims that are immaterially different from claims canceled in an IPR....more

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