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Situation preclusion may very well be inapt if “the amount in controversy in the first action [was] so tiny in relation to the amount in controversy in the second that preclusion would be plainly unfair.” Restatement (Next) of Judgments §28, Comment j
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I might hold the TTAB’s trademark-registration choices are usually not entitled to preclusive result in the subsequent infringement go well with. The frequent regulation isn't going to aid a common presumption in favor of administrative preclusion for statutes passed just before this Courtroom’s decision in Astoria
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For applications in this article, we pick up the story in 2002, if the PTO published SEALTITE from the Official Gazette. This prompted opposition proceedings prior to the TTAB, full with discovery, together with depositions. B&B ar-gued that SEALTITE could not be registered since it is confusingly comparable to SEALTIGHT.
The Lanham Act’s text absolutely won't forbid concern preclusion. Nor does the Act’s structure. Granted, one can look for judicial review of a TTAB registration determination within a de novo
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and Illustration 1 (describing that the failure to pursue an appeal does not undermine issue preclusion and like an example of an apparently unappealed district court docket’s dismissal for failure to point out a declare); cf. Federated Shops, Inc.