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ABA Webinar Sept. 30: "Trademark Fraud on the USPTO - A New Landscape"

The ABA Section of Intellectual Property Law will host a webinar entitled "Trademark Fraud on the USPTO - A New Landscape" on Wednesday, September 30, 2009, 3:00 PM to 4:30 PM (EST). Of course, the catalyst for the webinar is the CAFC's recent decision in In re Bose Corporation, Appeal No. 2008-1448 (Fed. Cir., Aug. 31, 2009). The CAFC ruled 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 court made it clear that proof of intent to deceive is required to establish fraud: "Thus, we hold 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...continue to full post

Full post as published by The TTABlog on September 16, 2009 (boomark / email).