Stricter Fraud Burden Applies In Bose Suit: Fed. Circ.

Law360, New York (September 1, 2009, 1:37 PM EDT) -- A federal appeals court has reinstated Bose Corp.'s Wave trademark, ruling that companies claiming a competitor obtained its mark through fraud must show by clear and convincing evidence that the mark's owner intended to deceive the U.S. Patent and Trademark Office.

The U.S. Court of Appeals for the Federal Circuit ruled Monday that the Trademark Trial and Appeal Board applied the wrong standard in canceling Bose's trademark in its entirety when Hexawave Inc. accused the electronics maker of making fraudulent statements in order to renew the...
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