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Party defaulting before district court and enjoined cannot attack registration via cancellation

By McKee, Voorhees & Sease, P.L.C.

In a decision this week, the Federal Circuit held that a party against whom a default judgment was entered in a trademark infringement case before a district court cannot thereafter petition to cancel the registration at issue before the TTAB.  The TTAB held the claim barred by res judicata.  The court held that res judicata did not apply, because an invalidity counterclaim in the district court was not compulsory under Rule 13, and therefore the party now seeking cancellation was not read more

Full post as published by FileWrapper on April 17, 2008 (boomark / email).