Outside Publication

US Supreme Court Permits Delay in Defence to Infringement, World Trademark Review

June 09, 2020

The doctrine of claim preclusion is followed by US federal courts to promote efficiency, fairness and consistency. A final judgment on the merits should remain final; plaintiffs and defendants should be barred from re-litigating claims that have already been settled, whether masked as causes of action by a plaintiff or as counterclaims by a defendant.

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