SDNY Orders Cancellation of NISA SANTIAGO Registration on the Ground of Fraud
On April 11, 2013, the U.S. District Court for the Southern District of New York granted Plaintiff Melodrama's motion for judgment on the pleadings under FRCP 12(c), ordering cancellation of a registration for the mark NISA SANTIAGO for a series of novels, on the grounds of, inter alia, fraud on the USPTO. Defendant Santiago admitted in her answer that she had never used or owned the mark. Melodrama Publishing LLC v. Santiago, Civil Action No. 12-Civ. 7830 (S.D.N.Y. April 11, 2013).
The court also entered judgment in favor of Melodrama on its claim for damages under 15 U.S.C. Section 1120 for procurement of a registration by false or fraudulent representations to the PTO. And it granted Melodrama's request for an award of attorney's fees.
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TTABlog comment: Since the Bose decision, it has seemed that a finding of fraud would require the proverbial smoking gun. Santiago shot herself in the foot with her admissions.
Text Copyright John L. Welch 2013.