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.

This premium content is locked for The Intellectual Property Strategist subscribers only

ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN The Intellectual Property Strategist

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

Already have an account? Sign In Now

For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.

NOT FOR REPRINT

© 2026 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Continue Reading

Agentic AI introduces risks that are novel and complex, but the most effective response is a familiar one. Zero Trust answers the problem of when an AI agent misfires on its own by constraining what an agent can do rather than betting on how it will behave.

July 31, 2026

The outsourcing of office and administrative services is expected to grow 50%-60% in the next five years. Contrary to what decision-makers think, and what the service providers hope you think, the biggest risk in outsourcing isn't choosing the wrong provider. It's outsourcing the wrong process, under the wrong model, with the wrong performance measures and contract terms.

July 31, 2026