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Recent TTAB Decisions Highlight Challenges of Pleading and Proving Fraud after <i>Bose</i>
In Enbridge Inc. v. Excelerate Energy Ltd. Partnership, 92 U.S.P.Q.2d 1537 (T.T.A.B. Oct. 6, 2009), the Trademark Trial and Appeal Board (“TTAB”) issued its first precedential ruling following the Federal Circuit's Bose decision on fraud, In re Bose Corp., 91 U.S.P.Q.2d 1938 (Fed. Cir. 2009). Bose reversed a TTAB decision, finding that a trademark is obtained fraudulently under the Lanham Act only if the applicant or registrant knowingly makes a false, material representation with the intent to deceive the U.S. Patent and Trademark Office (“USPTO”).
Using the Bose Standard
Excelerate Energy Limited Partnership (“Excelerate”) filed an application to register the mark ENERGY BRIDGE for “transmission of oil and gas through pipelines and ships” and “production of energy.” Enbridge Inc. (“Enbridge”) filed a notice of opposition, alleging ownership of a registration for the mark ENBRIDGE for a wide variety of goods and services ' ranging from computer software for the maintenance of pipelines to the construction, operation and transportation of gas and oil ' and asserting claims for likelihood of confusion and dilution, among others.
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