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

Intellectual Property Law

: The TTABlog

TTAB Vacates 2008 Fraud Ruling in Xel Pharmaceuticals Case

In an Order issued on February 25, 2010 (here), the Board vacated its March 7, 2008 ruling in Herbaceuticals, Inc. v. Xel Herbaceuticals, Inc., Cancellation No. 92045172, wherein the Board had entered partial summary judgment on the ground of fraud. It had found that Respondent Xel Pharmaceuticals committed fraud as to four of its registrations by filing knowingly false Statements of Use (signed by its attorney) regarding use of its XEL HERBACEUTICALS marks on some of the goods listed in its registrations. [TTABlogged here].The Board observed that its March 7, 2008 order was "interlocutory in nature, did not result in the immediate cancellation by the Commissioner of the noted registrations, and ... was not immediately appealable, because it did not result in full decision of the claims in this case...continue to full post

Full post as published by The TTABlog on February 26, 2010 (boomark / email).