Home -> Law Blog Directory -> Intellectual Property Law Blogs -> The TTABlog

Intellectual Property Law

: The TTABlog

TTAB Rejects Another Insufficiently Pleaded Fraud Claim

Applying its post-Bose analysis to a pre-Bose fraud allegation, the Board denied Opposer Gallo's motion to amend its opposition, finding Gallo's proposed fraud claim to be deficiently pleaded under FRCP 9(b). E.&J. Gallo Winery v. Quala S.A., Opposition No. 91186763 (November 7, 2009) [not precedential].Gallo's fraud claim was based on Applicant Quala's failure to produce any documentation showing that it had a bona fide intent to use its mark FRUTIÑO for various beverages. The proposed amended pleading would have added the following paragraph:7. Applicant filed the application under Section 44(e) of the Lanham Act. The application contained a sworn Declaration that all statements made therein were true. Among the statements made in the application was the statement that Applicant had a bona fide intent to use the mark on each of the goods recited in the application...continue to full post

Full post as published by The TTABlog on December 08, 2009 (boomark / email).