Finnegan Trademark IP Update
August 31, 2009
Federal Circuit Reverses the TTAB’s Strict Rule of Fraud Under Medinol
by Linda K. McLeod and Anna Balichina
The Court of Appeals for the Federal Circuit reverses the Trademark Trial and Appeal Board’s (“TTAB”) fraud holding in In re Bose Corp., signaling a strong limitation—and possibly the end—of the strict rule of fraud under TTAB’s Medinol line of cases. The Federal Circuit held, among other things, that that by equating “should have known” with intent to deceive, the TTAB erroneously lowered the fraud standard to simple negligence.
Please click here to read the full summary.
Federal Circuit Reverses the TTAB’s Strict Rule of Fraud Under Medinol
by Linda K. McLeod and Anna Balichina
The Court of Appeals for the Federal Circuit reverses the Trademark Trial and Appeal Board’s (“TTAB”) fraud holding in In re Bose Corp., signaling a strong limitation—and possibly the end—of the strict rule of fraud under TTAB’s Medinol line of cases. The Federal Circuit held, among other things, that that by equating “should have known” with intent to deceive, the TTAB erroneously lowered the fraud standard to simple negligence.
Please click here to read the full summary.
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Copyright © 2008 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | All rights reserved
www.finnegan.com
Copyright © 2008 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | All rights reserved