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The Trademark Trial and Appeal Board (TTAB) has finally filled a gap left by the U.S. Court of Appeals for the Federal Circuit in the standard for finding deceptive intent when trying to prove fraud on the U.S. Patent & Trademark Office (USPTO). In Chutter, Inc. v. Great Management Group, LLC and Chutter, Inc. v. Great Concepts, LLC, 2021 USPQ2d 1001 (TTAB 2021), the TTAB held, in a precedential opinion, that a reckless disregard of the truth or falsity of a material statement made to the USPTO satisfies the deceptive intent requirement for finding fraud. The TTAB applied this holding in a cancellation proceeding to invalidate U.S. Trademark Registration No. 2,929,764 because: 1) the registrant’s attorney failed to disclose proceedings against the registration pending at the time the registrant filed its Section 15 Declaration to make the registration incontestable; and 2) the registrant’s knowing failure to take any remedial action after being informed of the error suggests that the failure to disclose was intentional and, thus, satisfied the deceptive intent requirement to prove fraud.
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Choosing Between Trade Secret and Patent Protection: A Primer for Businesses
By Darren M. Franklin
When deciding whether to apply for patent protection on an innovation or whether to keep the innovation confidential as a company trade secret, there are many considerations that a business must take into account stemming from the different characteristics of each.
Protecting Clients In the Virtual World
By Cameron B. Pick
The “metaverse” in conjunction with Web 3.0 can be thought of as an immersive virtual reality world or worlds, where users can play games, socialize,…
Trademark Coexistence May Become a Necessity As Market for Trademarks Grows
By Ben Thompson and Robert Moorman
Trademark publication can be an anxious part of the application process, with fear of aggressive opposition and costly proceedings looming in the background. But many oppositions, whether they are only threatened or actually filed, afford the applicant a discussion with the opposer that can ultimately be helpful in nonobvious ways.
By Jeff Ginsberg and Zhiqiang Liu
Federal Circuit Affirms Precedential Opinion Panel Decision Limiting the Circumstances In Which the Board Should Raise Sua Sponte Patentability Issues Against Proposed Substitute Claims
Federal Circuit Rejects District Court’s Claim Construction As Being Too Narrow
Federal Circuit Rejects District Court’s Claim Construction Because It Is Not Supported by the Intrinsic Evidence, and Leaves Dependent Claims Without Scope
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