ABA Webinar Sept. 30: "Trademark Fraud on the USPTO - A New Landscape"
The ABA Section of Intellectual Property Law will host a webinar entitled "Trademark Fraud on the USPTO - A New Landscape" on Wednesday, September 30, 2009, 3:00 PM to 4:30 PM (EST). Of course, the catalyst for the webinar is the CAFC's recent decision in In re Bose Corporation, Appeal No. 2008-1448 (Fed. Cir., Aug. 31, 2009). The CAFC ruled that the Board, "[b]y equating 'should have known' with a subjective intent," had "erroneously lowered the fraud standard to a simple negligence standard." The court made it clear that proof of intent to deceive is required to establish fraud: "Thus, we hold that a trademark is obtained fraudulently under the Lanham Act only if the applicant or registrant knowingly makes a false, material representation with the intent to deceive the PTO." [TTABlogged here, with comments and commentary].
The panel will include former TTAB Judge Beth A. Chapman of Oblon Spivak in Alexandria, Virginia; Charles Hieken of Fish & Richardson P.C. in Boston, who represented Bose at the TTAB and the CAFC (.mp3 of CAFC oral argument here); and Bill Barber of Pirkey Barber LLP in Austin, Texas, co-author of the AIPLA amicus brief before the CAFC. Yours truly will serve as panel moderator.
Further details will follow as soon as available.