Friday, July 24, 2009

Ohio State Bar IP Seminar: Dreitler and True on Fraud

On July 31st, Joe Dreitler and Mary R. True of Bricker & Eckler (Columbus, Ohio) will discuss fraud on the PTO, at the Ohio State Bar Association symposium in Cleveland entitled "Intellectual Property Today: Why protecting IP is more important that ever." (brochure here). Registration begins at 8:00 AM. [That's in Cleveland, not Columbus.]

You may expect Joe and Mary to provide some lively commentary on the fraud and bona fide intent issues: they believe that many existing registrations were obtained fraudulently, and they will tell you why. Here's their summary of the talk:

Thou Shalt Not Lie or Put Thy Head in the Sand: Fraud on the U.S. Patent and Trademark Office in Trademark Matters

Rule 1.1 requires a lawyer to be competent and Rule 3.3 requires candor toward the tribunal. These Rules of Professional Conduct are important to keep in mind while prosecuting trademark applications. Not only can a lawyer face discipline from the U.S. Patent and Trademark Office and the disciplinary system of Ohio, but also the client can lose valuable legal rights.

TTABlog note: I have spoken to and corresponded with Joe Dreitler about these issues, and he has very interesting historical insights coupled with strong views. He is a bona fide trademark expert, as his resume will attest.

Text Copyright John L. Welch 2009.


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