Trademark Law | Expert Legal Commentary
October 30, 2009
In re Bose: Fed. Cir. Rejects Medinol and Requires Intent to Establish Trademark Fraud
in In re Bose
By
Yuri Mikulka and Laura D. Castner of Zuber & Taillieu LLP
The Federal Circuit held that trademark fraud can only be found when the applicant or registrant knowingly makes a false, material representation with the intent to deceive the PTO. The opinion in In re Bose, ___ F.3d ___, No. 2008-1448, 2009 WL 2709312 (Fed. Cir. Aug. 31, 2009), specifically rejects a line of cases established by the USPTO’s Trademark Trial and Appeal Board that set forth a negligence standard for trademark fraud, finding fraud if the applicant “know or should have known” of the falsity of its trademark filing.
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About the Authors
Yuri Mikulka is a Partner of Zuber & Taillieu LLP, and chairs its litigation department.
Laura D. Castner is a Counsel of Zuber & Taillieu LLP, focusing on intellectual property litigation and arbitration.
Image Credit: ©iStockphoto.com/Reniw-Imagery
View a PDF of the judicial opinion