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Preclusion; Customer Lawsuits; and the Kessler Doctrine

Patently O

Claim Preclusion (res judicata) prevents a party from re-litigating a claim once a court has issued a final judgment on that claim. Claim preclusion is powerful, in part, because it does not require the claim to be actually litigated (just be subject to the final judgment). Eldred , 206 U.S. 285 (1907). Eldred , 206 U.S. 285 (1907).

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Justices to consider international reach of U.S. trademark law

SCOTUSBlog

The facts Hetronic, based in Oklahoma, manufactures and sells radio remote controls that operate heavy-duty construction equipment. Citing an academic article by then-professor Amy Coney Barrett, Abitron further suggested that the Steele case should be overruled outright notwithstanding the principle of statutory stare decisis.