alerts & publications
Caution, Preclusion Ahead: The New TTAB LandscapeSeptember 21, 2018
Partner David Marroso and counsel Megan K. Smith authored this article in Law360 concerning “issue preclusion” and how this doctrine has changed the landscape of the United States Patent and Trademark Office’s Trademark Trial and Appeal Board. “A recent, slow-moving and relatively lightly discussed shift has upended this law and made it decidedly more risky to commence proceedings at the TTAB. Practitioners and trademark owners now must carefully decide whether to go to the TTAB at all because, once a trademark owner pulls that lever, certain rights may be irrevocably lost.”
Thank you for your interest. Before you communicate with one of our attorneys, please note: Any comments our attorneys share with you are general information and not legal advice. No attorney-client relationship will exist between you or your business and O’Melveny or any of its attorneys unless conflicts have been cleared, our management has given its approval, and an engagement letter has been signed. Meanwhile, you agree: we have no duty to advise you or provide you with legal assistance; you will not divulge any confidences or send any confidential or sensitive information to our attorneys (we are not in a position to keep it confidential and might be required to convey it to our clients); and, you may not use this contact to attempt to disqualify O’Melveny from representing other clients adverse to you or your business. By clicking "accept" you acknowledge receipt and agree to all of the terms of this paragraph and our Disclaimer.