B & B HARDWARE, INC. v. Hargis Industries, Inc.

SHEPHERD, Circuit Judge.

B & B Hardware (“B & B”) appeals the district court’s dismissal, on collateral estoppel grounds, of its trademark infringement action filed against Hargis Industries (“Hargis”). For the reasons explained herein, we reverse the dismissal and remand this matter to the district court for further consideration.

I

In 1990, B & B began manufacturing and selling a fastener product under the name “Sealtight.” This product is largely used in the aerospace industry. Pursuant to a 1990 application, B & B received a certificate of registration for the “Seal-tight” mark from the…