Pamela Chestek Comments on "ZYTNIA" Ownership Issue
Pamela Chestek, ip ownership expert and publisher of the Property, intangible blog, comments here on the ownership issue raised in the Board's recent decision in Slaska Wytwornia Wodek Gatunkowtch “Polmos” SA v. Stawski Distributing Co., Inc., Cancellation No. 92044806 (July 27, 2010) [not precedential]. [TTABlogged here].
The Board tossed out Petitioner Slaska's fraud claim directed to Respondent's asserted ownership because the circumstances were murky enough that Slaska was unable to prove fraud "to the hilt."
Pamela explores this question about the ownership issue: "What if the manufacturer [Slaska] didn't have to prove fraud, just incorrect ownership?" Who would win on the ownership issue?