Journal Article

US Appeals Court reminder: threats of litigation made during TTAB settlement discussions may support jurisdiction for declaratory judgment

Lynn M. Jordan

in Journal of Intellectual Property Law & Practice

Volume 3, issue 5, pages 283-284
Published in print May 2008 | ISSN: 1747-1532
Published online May 2008 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpn048
US Appeals Court reminder: threats of litigation made during TTAB settlement discussions may support jurisdiction for declaratory judgment

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The Court of Appeals for the Ninth Circuit held that jurisdiction was proper in a declaratory judgment action brought to establish trade mark non-infringement, when the plaintiff had a reasonable apprehension of litigation based on threatening statements made during the course of discussions to settle disputes pending before the Trademark Trial and Appeal Board (TTAB) that were otherwise subject to Federal Rule of Evidence 408, which typically makes statements made during settlement inadmissible for establishing liability but not for other purposes.

Journal Article.  571 words. 

Subjects: Arbitration ; Intellectual Property Law

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