Friday, May 15, 2009

TTAB Re-Designates Zanella v. Nordstrom Fraud Ruling As Precedential

In a rather significant development in the TTAB's fraud jurisprudence, the Board has re-designated as precedential its decision in Zanella Ltd. v. Nordstrom, Inc., 90 USPQ2d 1758 (TTAB 2008). The Board's Order (here), dated May 13, 2009, includes a copy of the October 23, 2008 ruling now marked with the indication "THIS DECISION IS A PRECEDENT OF THE T.T.A.B."

As discussed in an April 20, 2009, TTABlog posting here, in Zanella the Board adopted the approach of the panel majority in University Games in ruling that correction of a false statement regarding use, if made before a registration has been challenged, creates "a rebuttable presumption that [registrant] did not intend to commit fraud."

Text Copyright John L. Welch 2009.


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