Posts Tagged ‘Claim Preclusion’

Monday, November 16th, 2009

Trade Identity
Claim Preclusion
Federal Circuit
American Rice, Inc. v. Dunmore Properties S.A.
2009-1313
Trademark Trial and Appeal Board

Was the same set of pertinent transactional facts at question thus triggering claim preclusion where the Trademark Trial and Appeal Board dismissed a 2007 petition to cancel, which alleged likelihood of confusion, dilution and fraud in procurement, concerning a federal trademark registration on BINT ALARAB for rice and the Office records disclose a 2003 cancellation proceeding that had been brought by the same petitioner and later dismissed with prejudice?

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