The Year in Trademark Law

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TOPICS Here’s What We’ll Cover . . . • Res Judicata & Collateral Estoppel • Trademark Mutilation • Nominative Fair Use • Earth Protectors Decision • Section 2(a) Developments • Questions for Commissioner Beresford Suite 3500 | 225 South Sixth Street | Minneapolis, MN 55402 | Main: (612) 604-6400 | Fax: (612) 604-6800 | www.winthrop.com
Res Judicata & Collateral Estoppel No Second Bites At the Apple … Res Judicata/Claim Preclusion bars a second suit when: a. there is identity of parties; b. there has been an earlier final judgment on the merits of a claim; and c. the second claim is based on the same transactional facts as the first. Collateral Estoppel/Issue Preclusion bars a second suit when: a. there is identity of an issue in a prior proceeding; b. the identical issue was actually litigated; c. determination of the issue was necessary to the judgment of the prior proceeding; and d. the defendant had full and fair opportunity to litigate the issue in the prior proceeding. Suite 3500 | 225 South Sixth Street | Minneapolis, MN 55402 | Main: (612) 604-6400 | Fax: (612) 604-6800 | www.winthrop.com
Page 1: The Year in Trademark Law Stephen R
Page 5 and 6: Res Judicata & Collateral Estoppel
Page 7 and 8: Trademark Mutilation When the Mark
Page 9 and 10: Trademark Mutilation In re ITT Indu
Page 11 and 12: Nominative Fair Use Defense Century
Page 13 and 14: Section 2(a) Developments “No tra
Page 15 and 16: Questions for Commissioner Beresfor

The Year in Trademark Law

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