Fraud in Trademark Applications and Registrations: Proving or Defeating Allegations

Navigating Differing Standards at the TTAB and in the Circuits, Mitigating the Risk of Invalidation

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, March 15, 2018

Recorded event now available

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Program Materials

This CLE webinar will review the TTAB’s and courts’ treatments of fraud in the procurement and maintenance of trademark registrations. The panel will suggest best practices for trademark applicants, owners and their counsel to mitigate the risk of findings of fraud arising from inaccurate recitations in trademark applications and post-registration maintenance filings.

Description

MPC Franchise L.L.C. v. Tarntino (2d Cir. 2016) and other post-In re Bose, 580 F.3d 1240 (Fed. Cir. 2009) rulings to similar effect demonstrate the importance of avoiding complacency on the issue of fraud when pursuing or maintaining trademark registrations. This is especially true in light of lingering uncertainty in pre-Bose case law on the consequences of findings of fraud where multiple class applications or registrations are concerned.

While Bose set a high bar in the context of inter partes proceedings, trademark owners and counsel should be aware that other federal courts may not apply the same strict standard as the Federal Circuit court. Opinions from those courts demonstrate that the risk of a finding of fraud, although perhaps less than that which existed prior to Bose, remains a real one for trademark applicants and registrants alike.

Listen as our authoritative panel provides a brief overview of Bose and examines the subsequent treatment of allegations of fraud on the USPTO since that decision at the TTAB and in the courts. The panel will also discuss proving fraud and defeating those allegations and suggest best practices for avoiding findings of fraudulent procurement and maintenance.

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Outline

  1. Post-Bose treatment of allegations of fraudulent prosecution and maintenance
    1. TTAB
    2. Courts
  2. Proving fraud and defeating fraud allegations
  3. Best practices to mitigate risk of inaccurate applications and registrations and resulting findings of fraud

Benefits

The panel will review these and other key issues:

  • The TTAB’s views on trademark application fraud post-Bose
  • Other federal court decisions and their differing standards for trademark fraud
  • Strategies and procedures to mitigate exposure to findings of fraud

Faculty

Asbell, Matthew
Matthew D. Asbell

Partner
Ladas & Parry

Mr. Asbell assists clients in clearing, obtaining, enforcing, and defending trademark rights in the U.S. and throughout...  |  Read More

Feingold, Stephen
Stephen Feingold

Partner
Kilpatrick Townsend & Stockton

Mr. Feingold's practice focuses on trademark, copyright, advertising and Internet matters. He has handled complex...  |  Read More

Popp-Rosenberg, Laura
Laura Popp-Rosenberg

Partner
Fross Zelnick Lehrman & Zissu

Ms. Popp-Rosenberg litigates copyright, trademark, unfair competition, right of publicity, advertising and related...  |  Read More

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