B&B Hardware, Inc. v. Hargis Industries, Inc.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-352 | 8th Cir. | Dec 2, 2014 | Mar 24, 2015 | 7-2 | Alito | OT 2014 |
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 Justice Alito on March 24, 2015. Justice Ginsburg filed a concurring opinion. Justice Thomas filed a dissenting opinion, in which Justice Scalia joined.
SCOTUSblog Coverage
- Opinion analysis: Justices unsettled in trademark preclusion dispute (Ronald Mann, March 25, 2015)
- Argument analysis: Justices unsettled in trademark preclusion dispute (Ronald Mann, December 3, 2014)
- Argument preview: Justices will use rare look at trademark law to consider broad and narrow conceptions of trademarks (Ronald Mann, December 1, 2014)
- Solicitor General files invitation briefs -- Part 2 (UPDATED June 13, 2014) (Amy Howe, June 12, 2014)
- Petition of the day (Mary Pat Dwyer, December 18, 2013)
| Date | Proceedings and Orders |
|---|---|
| 09/18/2013 | Petition for a writ of certiorari filed. (Response due October 21, 2013) |
| 10/03/2013 | Order extending time to file response to petition to and including November 20, 2013. |
| 11/20/2013 | Brief of respondents Hargis Industries, Inc., dba Sealtite Building Fasteners, dba East Texas Fasteners, et al. in opposition filed. |
| 12/04/2013 | DISTRIBUTED for Conference of January 10, 2014. |
| 12/05/2013 | Reply of petitioner B&B Hardware, Inc. filed. (Distributed) |
| 01/13/2014 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 05/23/2014 | Brief amicus curiae of United States filed. |
| 06/09/2014 | Supplemental brief of respondents Hargis Industries, Inc., dba Sealtite Building Fasteners, dba East Texas Fasteners, et al. filed. |
| 06/10/2014 | DISTRIBUTED for Conference of June 26, 2014. |
| 06/30/2014 | DISTRIBUTED for Conference of June 30, 2014. |
| 07/01/2014 | Petition GRANTED. |
| 07/22/2014 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 4, 2014. |
| 07/22/2014 | The time to file respondents' brief on the merits is extended to and including October 24, 2014. |
| 08/15/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. |
| 09/03/2014 | Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioner. |
| 09/04/2014 | SET FOR ARGUMENT on Tuesday, December 2, 2014. |
| 09/04/2014 | Joint appendix filed. (Statement of costs filed) |
| 09/04/2014 | Brief of petitioner B&B Hardware, Inc. filed. |
| 09/10/2014 | Brief amicus curiae of Intellectual Property Law Association of Chicago in support of neither party filed. |
| 09/11/2014 | Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed. |
| 09/11/2014 | Brief amicus curiae of the United States filed. |
| 09/11/2014 | Brief amicus curiae of International Trademark Association in support of neither party filed. |
| 09/22/2014 | Record requested from U.S.C.A. 8th Circuit. |
| 10/02/2014 | Record received from U.S.C.A. 8th Circuit. 1-Box |
| 10/24/2014 | Brief of respondent Hargis Industries, Inc., dba Sealtite Building Fasteners, dba East Texas Fasteners, et al. filed. |
| 10/31/2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 10/31/2014 | Brief amicus curiae of New York Intellectual Property Law Association filed. |
| 10/31/2014 | Brief amicus curiae of The Intellectual Property Law Section of the State Bar of Texas filed. |
| 11/07/2014 | CIRCULATED. |
| 11/17/2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 11/24/2014 | Reply of petitioner B&B Hardware, Inc. filed. (Distributed) |
| 12/02/2014 | Argued. 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. |
| 12/04/2014 | Record received from U.S. Patent and Trademark Office. This record is electronic. |
| 12/10/2014 | Record received from U.S.D.C. Eastern District of Arkansas Western Division. This record is SEALED. (1 Envelope) |
| 03/24/2015 | Judgment 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. |
| 04/27/2015 | JUDGMENT ISSUED |