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CAFC Reverses TTAB's Bose Fraud Ruling, Eviscerates Medinol

Stop the fraudits! It's a whole new ballgame at the TTAB after the U.S. Court of Appeals for the Federal Circuit yesterday reversed the Board's decision in Bose Corp. v. Hexawave, Inc., 88 USPQ2d 1332 (TTAB 2007). The Board had found that Bose committed fraud in its 2001 renewal of a registration for the mark WAVE for, inter alia, audio tape recorders and players. The CAFC found that the Board, "[b]y equating 'should have known' with a subjective intent" had "erroneously lowered the fraud standard to a simple negligence standard." The CAFC found "no substantial evidence that Bose intended to deceive the PTO in the renewal process," and it therefore reversed. In re Bose Corporation, Appeal No. 2008-1448 (Fed. Cir., Aug. 31, 2009)Bose acknowledged that it stopped manufacturing and selling audio tape recorders and players in 1996-97...continue to full post

Full post as published by The TTABlog on September 01, 2009 (boomark / email).