SEAN GARRISON ACTIVELY SERVING ON TWO IMPORTANT COMMITTEES OF THE AIPLA

SEAN GARRISON is a busy, contributing member of the AMERICAN INTELLECTUAL PROPERTY ASSOCIATION (AIPLA). Sean is an active participant in AIPLA's ongoing efforts to monitor and address important issues in trademark law. As a member of AIPLA's Trademark Relations with the USPTO Committee, Sean has served on a subcommittee which reviews, addresses and comments upon newly proposed amendments to the rules of practice before the Trademark Trial and Appeal Board (TTAB). Sean is also actively involved in AIPLA's Trademark Litigation Commitee, where he is spearheading the effort to track and evaluate the effect of a recent US Supreme Court decision, B&B Hardware vs. Hargis. In that case, the Supreme Court held that a trial court, in subsequent trademark litigation, can rely upon the earlier final decisions of the TTAB on the question of likelihood of confusion, and can use such determinations as a basis for applying collateral estoppel and thereby prevent relitigation of the same issue of likelihood of confusion.  Sean has determined that some trial courts have already relied on the Supreme Court decision not only on the issue of likelihood of confusion, but also as to whether  a party has prior rights in a contested mark and whether a party has committed fraud on the USPTO. Added by Glenn Bacal on May 8, 2016.