TTABlog Recommended Reading: a New TMR Article on Fraud
And now, a timely companion piece to the TTABlog Fraud Collection: Karen P. Severson's "Filer Beware: Medinol Standard Set Forth by the United States Patent and Trademark Office," 96 Trademark Reporter 758 (May-June 2006).
Ms. Severson sets forth at length the factual background underlying the Board's seminal decision in Medinol Ltd. v. Neuro Vasx Inc., 67 USPQ2d 1205 (TTAB 2003), points out the serious consequences that flow from a finding of fraud, and understandably urges PTO filers to tell the truth. Her analysis covers the January 2006 Standard Knitting decision [TTABlogged here], while the TTABlog Fraud Collection describes three more recent rulings, in one of which (the MAID TO ORDER case) each party's fraud claim was dismissed.
TTABlog note: The May-June 2006 TMR also includes my friend Pamela S. Chestek's useful article entitled "Who Owns the Mark? A Single Framework for Resolving Trademark Disputes."
TTABlog Thank You: Again, a thank you to The Trademark Reporter for granting permission to provide a link to the Severson article. The article is Copyright © 2006 the International Trademark Association and is reprinted with permission from The Trademark Reporter®, 96 TMR 758 (May-June 2006).