February 2010
Recent TTAB Decisions Highlight Challenges of Pleading and Proving Fraud after BoseTTAB Denies Summary Judgment on Fraud Claim: Enbridge Inc. v. Excelerate Energy Ltd. Partnership
By Linda K. McLeod, Marcus H.H. Luepke and Katherine L. Staba
In Enbridge Inc. v. Excelerate Energy Ltd. Partnership, TTAB issued its first precedential ruling following the Federal Circuit’s Bose decision on fraud, In re Bose Corp. 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 USPTO.
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