Infringement Action Precluded by TTAB's Alternative Holding on Likely Confusion

In Jean Alexander Cosmetics, Inc. v. L'Oreal USA, Inc. (August 14, 2006), the Third Circuit Court of Appeals held that "although the TTAB’s conclusion on likelihood of confusion was not its only basis for denying the cancellation petition, it was one of two independently sufficient grounds on which the Board resolved the case. Under these circumstances, we will apply the doctrine of issue preclusion and affirm the District Court’s dismissal of Jean Alexander’s complaint."