B&B Hardware, Inc. v. Hargis Industries, Inc.
Holding
So long as the other ordinary elements of issue preclusion are met, when the usages adjudicated by the Trademark Trial and Appeal Board are materially the same as those before a district court, issue preclusion should apply.
Judgment
Reversed and remanded, 7-2, in an opinion by Samuel Alito on Mar 24, 2015. Justice Ginsburg filed a concurring opinion. Justice Thomas filed a dissenting opinion, in which Justice Scalia joined.
Sep 18, 2013Petition for a writ of certiorari filed. (Response due October 21, 2013)
Oct 3, 2013Order extending time to file response to petition to and including November 20, 2013.
Nov 20, 2013Brief of respondents Hargis Industries, Inc., dba Sealtite Building Fasteners, dba East Texas Fasteners, et al. in opposition filed.Dec 4, 2013DISTRIBUTED for Conference of January 10, 2014.
Dec 5, 2013Reply of petitioner B&B Hardware, Inc. filed. (Distributed)Jan 13, 2014The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 23, 2014Brief amicus curiae of United States filed.
Jun 9, 2014Supplemental brief of respondents Hargis Industries, Inc., dba Sealtite Building Fasteners, dba East Texas Fasteners, et al. filed.Jun 10, 2014DISTRIBUTED for Conference of June 26, 2014.
Jun 30, 2014DISTRIBUTED for Conference of June 30, 2014.
Jul 1, 2014Petition GRANTED.
Jul 22, 2014The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 4, 2014.
Jul 22, 2014The time to file respondents' brief on the merits is extended to and including October 24, 2014.
Aug 15, 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Sep 3, 2014Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioner.
Sep 4, 2014SET FOR ARGUMENT on Tuesday, December 2, 2014.
Sep 4, 2014Joint appendix filed. (Statement of costs filed)
Sep 4, 2014Brief of petitioner B&B Hardware, Inc. filed.
Sep 10, 2014Brief amicus curiae of Intellectual Property Law Association of Chicago in support of neither party filed.Sep 11, 2014Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Sep 11, 2014Brief amicus curiae of the United States filed.Sep 11, 2014Brief amicus curiae of International Trademark Association in support of neither party filed.
Sep 22, 2014Record requested from U.S.C.A. 8th Circuit.
Oct 2, 2014Record received from U.S.C.A. 8th Circuit. 1-Box
Oct 24, 2014Brief of respondent Hargis Industries, Inc., dba Sealtite Building Fasteners, dba East Texas Fasteners, et al. filed.
Oct 31, 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 31, 2014Brief amicus curiae of New York Intellectual Property Law Association filed.
Oct 31, 2014Brief amicus curiae of The Intellectual Property Law Section of the State Bar of Texas filed.
Nov 7, 2014CIRCULATED.
Nov 17, 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 24, 2014Reply of petitioner B&B Hardware, Inc. filed. (Distributed)Dec 2, 2014Argued. For petitioner: William M. Jay, Washington, D. C.; and John F. Bash, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Neal K. Katyal, Washington, D. C.Dec 4, 2014Record received from U.S. Patent and Trademark Office. This record is electronic.
Dec 10, 2014Record received from U.S.D.C. Eastern District of Arkansas Western Division. This record is SEALED. (1 Envelope)
Mar 24, 2015Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Ginsburg, J., filed a concurring opinion. Thomas, J., filed a dissenting opinion, in which Scalia, J., joined.
Apr 27, 2015JUDGMENT ISSUED
Recommended Citation: B&B Hardware, Inc. v. Hargis Industries, Inc., SCOTUSblog, https://www.scotusblog.com/cases/bb-hardware-inc-v-hargis-industries-inc/