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TTAB Rules, Non-Precedentially, that Fraud May be "Cured" Post-Registration

The ever-informed Maury Tepper brought to my attention a non-precedential decision from October 2008 involving the issue of fraud, and particularly whether fraud can be "cured" after a registration has issued. This Board panel adopted the approach of the panel majority in University Games in ruling that correction of a false statement regarding use, if made before a registration has been challenged, creates "a rebuttable presumption that [registrant] did not intend to commit fraud." Zanella Ltd. v. Nordstrom, Inc., Opposition No. 91177858 (October 23, 2008) [not precedential].Applicant Nordstrom counterclaimed for cancellation of five registrations asserted by Opposer Zanella in its notice of opposition. Zanella moved for summary judgment.Citing Medinol, the Board found that Zanella had committed fraud vis-a-vis one of the registrations by including in its application and in its Section 8 declaration the following goods as to which it was not using the subject mark (shown above): "mantles, blouses, waistcoats, socks, stockings, ties, scarves, hats, swimwear or underwear...continue to full post

Full post as published by The TTABlog on April 22, 2009 (boomark / email).