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Joe Dreitler Expounds On "The Dangers Posed by Bose," But CAFC Chief Judge Michel Sees No Problem

The editors of World Trademark Review have kindly allowed me to provide TTABlog readers with Joe Dreitler's latest article: "The Dangers Posed by Bose," December-January 2010 World Trademark Review 13- 17 (Issue 23). (Subscribe to WTR here). CAFC Chief Judge Paul Michel, author of the court's Bose opinion, responds to the criticism and explains "why the court came to the decision it did." [Also included is a side-bar entitled "Fraud in the post-Bose era" by someone named John L. Welch].Mr. Dreitler (whose article entitled "Why The TTAB Got It Right In Medinol" was published at the TTABlog on August 7, 2009) maintains that the CAFC, in overturning Medinol,"equated fraud in trademark oppositions with fraud in patent infringement lawsuits. In so doing, the court rode roughshod over the principles of use of a mark implemented by the Trademark Law Revision Act of 1988 and sanctioned the development of a US Trademark Register filled with deadwood and falsely obtained registrations...continue to full post

Full post as published by The TTABlog on November 30, 2009 (boomark / email).