B&B Hardware, Inc. v. Hargis Industries, Inc./Concurrence Ginsburg

by Ruth Bader Ginsburg

JUSTICE GINSBURG, concurring.

The Court rightly recognizes that "for a great many registration decisions issue preclusion obviously will not apply." Ante, at 153. That is so because contested registrations [p161] are often decided upon "a comparison of the marks in the abstract and apart from their marketplace usage." 6 J. McCarthy, Trademarks and Unfair Competition § 32:101, p. 32-247 (4th ed. 2014). When the registration proceeding is of that character, "there will be no [preclusion] of the likel[ihood] of confusion issue . . . in a later infringement suit." Ibid. On that understanding, I join the Court's opinion.