Perspective
May 28, 2009
Current Fraud Rules Don't Leave Much Wiggle Room
Recent decisions by the Trademark Trial and Appeal Board have been criticized as eschewing the traditional "fraud" analysis, write Jessica Bromall and Rod Berman.
At common law, the following elements must be shown to prove fraud: the false representation of a material fact; knowledge of falsity; the intention to induce reliance; actual and reasonable reliance and resulting damage. The Federal Circuit has held that a federal trademark registration should be invalidated for fraud only "when an applicant knowingly makes false, material representations of fact in connection with...
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