Will B&B Hardware v. Hargis Industries Affect Coakwell v. United States?¹

By Charles L. Gholz² and Alexander B. Englehart³

INTRODUCTION

These monthly articles are about interference law or practice, and B&B Hardware, Inc. v. Hargis Industries, Inc.⁴ is a trademark case, so why do the authors of this article care about whether or not the Supreme Court grants certiorari and, if it does,⁵ what the justices write when they review the Eighth Circuit’s decision in B&B Hardware, Inc. v. Hargis Industries, Inc., 569 F.3d 383, 106 USPQ2d 1660 (8th Cir. 2009)? Because they are desperately worried that, even if the Supreme Court doesn’t inferentially overrule Coakwell v. United States, 292 F.2d 918, 130 USPQ 231 (Ct. Cl. 1961) (hereinafter referred to as “Coakwell”), it will write something that adversely impacts Coakwell’s progeny, notably including Meritor Transmission Corp. v. Eaton Corp., 81 USPQ2d 1357 (W.D.N.C. 2006) (hereinafter referred to as “Meritor”).

To...