B & B Hardware, Inc. v. Hargis Industries, Inc., No. 07-3866

In a trademark infringement action, district court's dismissal of plaintiff's action is reversed and remanded where the court erred in finding that the prior litigation between the parties collaterally estopped the current trademark infringement action, as the jury in that case had not addressed the likelihood of confusion between the parties' marks.

Read B & B Hardware, Inc. v. Hargis Industries, Inc., No. 07-3866.

Appellate Information
Appeal from the United States District Court for the Eastern District of Arkansas.
Submitted: September 25, 2008
Filed: June 22, 2009

Judges
Before BYE, BEAM, and SHEPHERD, Circuit Judges.
Opinion by SHEPHERD, Circuit Judge.