Fraud at the TTAB: Leveraging the New Lower Standard, Mitigating Risk of Cancellation

A live 90-minute premium CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, February 22, 2022

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, January 28, 2022

or call 1-800-926-7926

This CLE webinar will guide trademark counsel on the recent trend at the Trademark Trial and Appeal Board (TTAB) on pleading fraud. The panel will discuss best practices to mitigate the risk of inaccurate applications and registrations.

Description

In a recent precedential decision, Chutter Inc. v. Great Management Group L.L.C. (TTAB 2021), the TTAB held that reckless disregard is enough to show an intent to deceive for proving fraud on the USPTO. Fraud in a trademark registration occurs when an applicant or registrant "knowingly makes a false, material representation of fact in connection with an application to register, or a post-registration document, with the intent of obtaining or maintaining a registration to which it is otherwise not entitled."

The Federal Circuit's 2009 decision In re Bose Corp. held that intent to deceive is an indispensable element of a fraud claim. However, the court left open the question of whether reckless disregard of the truth or falsity of a material statement made in a filing with the USPTO meets the intent requirement. Now, the Board has held that reckless disregard does satisfy this requirement.

Trademark applicants, owners, and counsel must deal with the evolving standards emerging from the TTAB's recent rulings on pleading fraud.

Listen as our authoritative panel of IP attorneys examines the recent trend at the TTAB on pleading fraud. The panel will discuss best practices to mitigate the risk of inaccurate applications and registrations.

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Outline

  1. Recent developments and court treatment
  2. Pleading fraud
  3. Best practices

Benefits

The panel will review these and other vital questions:

  • What is the current state of the law concerning allegations of fraud before the TTAB?
  • What are the next steps for plaintiffs and defendants in the event of fraud pleadings?
  • What strategies and procedures should trademark owners utilize to mitigate the risk of fraud allegations?

Faculty

Baird, Stephen
Stephen R. Baird

Shareholder
Greenberg Traurig

Mr. Baird works with clients to address their most difficult trademark problems. He provides strategic guidance on...  |  Read More

Heavner, B. Brett
B. Brett Heavner

Partner
Finnegan Henderson Farabow Garrett & Dunner

Mr. Heavner's practice covers all aspects of trademark and unfair competition law, with a particular focus on...  |  Read More

Liou, Joyce
Joyce Liou

Partner
Morrison & Foerster

Ms. Liou co-leads the firm’s Trademark Group and is a partner in the firm’s Intellectual Property Group....  |  Read More

Attend on February 22

Early Discount (through 01/28/22)

Cannot Attend February 22?

Early Discount (through 01/28/22)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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