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The Fraud Factor -- Intent to Deceive is required for a Finding of Fraud by Rebecca Leigh Griffith
Day Pitney LLP - New York Office
Elizabeth A. Alquist
Day Pitney LLP - Hartford Office
Carrie Webb Olson
Day Pitney LLP - Hartford Office
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September 10, 2009
Previously published on September 3, 2009
The United States Court of Appeals for the Federal Circuit rejected the Trademark Trial and Appeal Board's (TTAB) "known or should have known" standard on August 31, confirming that a finding of fraud requires clear and convincing evidence of an intent to deceive. See In re Bose Corp., No. 2008-1448, slip op. (Fed. Cir. August 31, 2009).
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