TTAB Re-Designates Zanella v. Nordstrom Fraud Ruling As Precedential
In a rather significant development in the TTAB's fraud jurisprudence, the Board has re-designated as precedential its decision in Zanella Ltd. v. Nordstrom, Inc., 90 USPQ2d 1758 (TTAB 2008). The Board's Order (here), dated May 13, 2009, includes a copy of the October 23, 2008 ruling now marked with the indication "THIS DECISION IS A PRECEDENT OF THE T.T.A.B."
![](https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjjDu7LuKBAxPkuytU3Z6YdZZ8JNaCIQDF1Qsz4nY2els-E8nSVv68tAVp1xxqEjKlTeejID0H5xxJQK7vZe0yAGYIblEGjD0WY8uwNXwrdHAscn8cTwl9Yn-Yi5joJg1MT_WcY/s320/ZANELLA.jpg)
As discussed in an April 20, 2009, TTABlog posting here, in Zanella the Board adopted the approach of the panel majority in University Games in ruling that correction of a false statement regarding use, if made before a registration has been challenged, creates "a rebuttable presumption that [registrant] did not intend to commit fraud."
Text Copyright John L. Welch 2009.
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