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

In <i>Enbridge Inc. v. Excelerate Energy Ltd. Partnership</i>, TTAB issued its first precedential ruling following the Federal Circuit's Bose decision on fraud, <i>In re Bose Corp.</i> <i>Bose</i> 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 USPTO.

28 minute read January 29, 2010 at 09:40 AM
By
Linda K. McLeod, Marcus H.H. Luepke and Katherine L. Staba
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.

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