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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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Beyond Language: How Multimodal AI Sees the Bigger Picture
By Matthew R. Carey
The possibilities for patenting innovative applications of multimodal models across industries are endless.
Protecting Technology-Assisted Works and Inventions: Where Does AI Begin?
By Ed Lanquist, Jr. and Dominic Rota
Just like any new technology, efforts to protect and enforce intellectual property on AI-based technologies are likely to be hampered by a lack of both a unified governing framework and a common understanding of the technology.
Content-Licensing Payment Dispute Turns On Existence of Fiduciary Relationship
By Stan Soocher
A recent New York federal court decision in a dispute between a broker that sublicenses program content and a broadcaster that sublicensed content from the broker considered the interaction of contract language and extra-contractual elements of the parties’ relationship to determine whether a fiduciary relationship existed.
Federal Judge Blasts Patent Trolls
By Rob Maier
A recent order from Chief Judge Colm Connolly in the U.S. District Court for the District of Delaware may serve as a warning for “patent trolls” — the derogatory term used to describe companies whose sole function is to acquire and then assert patents, often in cases that are questionable on the merits — against filing cases in Delaware going forward.