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The Fraud Factor -- Intent to Deceive is required for a Finding of Fraud |
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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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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