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Recent TTAB Decisions Highlight Challenges of Pleading and Proving Fraud after <i>Bose</i>

By Linda K. McLeod, Marcus H.H. Luepke and Katherine L. Staba
January 29, 2010

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

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