The Fed. Circ. Stance On Bose

Law360, New York (September 3, 2009, 1:00 PM EDT) -- On Aug. 31, 2009, the Federal Circuit Court of Appeals issued its long-awaited decision in In re Bose Corporation, holding that “a trademark is obtained fraudulently under the Lanham Act only if the applicant or registrant knowingly makes a false, material representation with the intent to deceive the PTO.”

In re Bose originated from Bose’s opposition against the application of Hexawave Inc. to register the mark HEXAWAVE. Bose’s opposition was grounded upon trademark priority and likelihood of confusion with Bose’s prior registered marks including WAVE....
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