ADVERTISEMENT



Google       

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

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Intellectual Property Law

: The TTABlog

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The ever-informed Maury Tepper brought to my attention a non-precedential decision from October 2008 involving the issue of fraud, and particularly whether fraud can be "cured" after a registration has issued.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 v. Nordstrom, Inc., Opposition No. 91177858 (October 23, 2008) [not precedential].Applicant Nordstrom counterclaimed for cancellation of five registrations asserted by Opposer Zanella in its notice of opposition.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).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0024 secs (from cache 11/04/26 08:31:57)