Intellectual Property
Oct. 3, 2009
Federal Circuit Rewrites Fraud Standard
Jennifer Taylor of Morrison & Foerster says proving fraud in trademark cases is now tougher.
TRADEMARK
By Jennifer TaylorThe Court of Appeals for the Federal Circuit has finally considered and rejected the "knew or should have known" standard that the Trademark Trial and Appeal Board has used for the past six years in inter partes cases where fraud has been asserted against a trademark registrant. As a result of the Federal Circuit's order in In re Bose, the party asserting fraud will need to show that the party accused of fraud acted ...For only $95 a month (the price of 2 article purchases)
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