Mark Your TTAB Calendar: Webinar on Fraud, November 10, 2010
Two trademark experts, Steve Baird and Joe Dreitler, along with yours truly, will conduct a webinar on November 10, 2010 (1:00 - 2:30PM EST), entitled: "Trademark Fraud on the USPTO - Meeting the Challenges of Pleading and Proving Fraud After Bose." Full details and registration here.
In the year since the Federal Circuit Court of Appeals handed down its standard changing decision in In re Bose, the Trademark Trial and Appeal Board (TTAB) has issued rulings that provide some guidance for counsel on how to plead and prove fraud.
While the Bose decision dramatically changed the landscape for pleading and proving trademark fraud, clearly rejecting the TTAB’s prior Medinol “knew or should have known” standard, and now requiring a subjective intent to deceive the USPTO, it left many unanswered questions over which to grapple.
Recent TTAB rulings shed some light on these questions. Counsel must understand how the TTAB and the district courts are now addressing fraud to be able to meet the increased challenges of pleading and proving fraud and the related claims of void ab initio and no bona fide intent.