Lowering The Fraud Standard In Trademark Cases

Law360, New York (October 14, 2009, 11:40 AM EDT) -- Until last month, fraud had not been that difficult to prove in inter partes proceedings before the Trademark Trial and Appeal Board (the “TTAB”).

Rather than require that a party challenging a trademark registration prove that the registrant had a subjective intent to defraud the Patent and Trademark Office, the TTAB found fraud in numerous cases where the challenger merely claimed that the registrant “knew or should have known” that a document that had been filed with the Patent and Trademark Office contained a false statement....
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