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TTABlog Bonus: Your Very Own FRAUD-O-METER?

Some say that a picture is worth a thousand words, and that is certainly true with regard to the TTABlog FRAUD-O-METER? brand legal indicator. We all know that the CAFC in In re Bose Corporation jettisoned the TTAB's "knew or should have known" standard for fraud set out in Medinol v. Neuro Vasx, ruling that the Board had "erroneously lowered the fraud standard to a simple negligence standard." The appellate court also held that proof of intent to deceive is required to establish fraud and it indicated that even "gross negligence" is not enough, but it declined to address the issue of whether "reckless disregard for the truth" would suffice.The FRAUD-O-METER? illustrates the current state of trademark fraud jurisprudence: the now defunct Medinol standard is depicted by the grey arrow resting in the "Negligence" wedge, while the white arrow, representing our post-Bose uncertainty, unsurely leans toward the "Reckless Disregard" wedge...continue to full post

Full post as published by The TTABlog on February 12, 2010 (boomark / email).