Thank you for sharing!

Your article was successfully shared with the contacts you provided.

After the Supreme Court’s recent decision in B&B Hardware, Inc. v. Hargis Industries, Inc., the impact and propriety of allowing TTAB decisions to preclude litigation has been widely discussed. But preclusion, the doctrine addressed in B&B, is not the only equitable doctrine of which trademark owners must be mindful when a mark is involved in successive proceedings; the doctrine of judicial estoppel can also effectively bar claims and issues.

Like issue preclusion, an underlying policy goal of judicial estoppel is to promote efficiency and consistency. Unlike issue preclusion, however, it typically operates against a party that prevails on a particular position. In sum, it bars parties from playing “fast and loose” by presenting a position inconsistent with one previously advanced, simply because it’s now advantageous to do so.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.