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Tag Archives: Intent to Deceive

As the Trademark Fraud Pendulum Swings

Posted in Articles, Law Suits, Trademarks, TTAB, USPTO

Once upon a time, and for decades thereafter, trademark fraud claims were highly disfavored. They were criticized as unproductive litigation diversions — “often pled,” but “rarely proven.” To succeed — during that lengthy period of time — the alleged fraud had to be “proven to the hilt,” with “clear and convincing evidence,” leaving nothing to… Continue Reading

When Intent Matters in Trademark Matters

Posted in Almost Advice, Articles, Counterfeits, Domain Names, Fair Use, Infringement, Law Suits, Trademark Bullying, Trademarks

One of the unfortunate aspects of trademark practice is the permission that exists in the law to challenge the motives and intentions of people. Unfortunate, because this permission is frequently abused, especially by less experienced trademark counsel, or perhaps when the strength of a case doesn’t seem like enough without injecting an unhealthy dose of emotion into… Continue Reading

Trademark Fraud Claims Won’t Go Away Despite CAFC’s In re Bose Decision

Posted in Articles, Law Suits, Trademarks, TTAB, USPTO

Trademark fraud claims aren’t going away, despite the fact that the Trademark Trial and Appeal Board (TTAB) has not found fraud in a single trademark opposition or cancellation since the Federal Circuit decided In re Bose in 2009, rejecting the prior “knew or should have known” standard in favor of the much more difficult and heightened… Continue Reading

“Would You Rather…?” Litigation Update

Posted in Infringement, Law Suits, Trademarks

–Dan Kelly, Attorney Last May, I reported on a Ninth Circuit Court of Appeals decision opining on the descriptiveness of the “Would You Rather…?” trademark registration.  Subsequent to the Ninth Circuit’s decision, the case returned to the United States District Court for the Central District of California and is now styled Spin Master, Ltd. v…. Continue Reading

Trademark Fraud = Reckless Disregard For The Truth?

Posted in Trademarks

Aaron Keller was busy yesterday making weighty predictions about the basis for our next economy: The Designed Economy. As I prepare to provide attendees at the Midwest IP Institute tomorrow with a trademark fraud update — today, I thought I’d provide a preview — and even go out on a small limb — making a couple of predictions of my own, relating… Continue Reading

Who’s Your Patty? or Where’s Who’s Your Patty?

Posted in Advertising, Branding, Dilution, Domain Names, Food, Infringement, Law Suits, Marketing, Trademarks

As promised, here are some additional thoughts (beyond the very frank and practical non-legal advice already shared by Jason Voiovich) about Lion’s Tap’s trademark infringement case against McDonald’s over the "Who’s Your Patty?" slogan. Here’s the multi-million dollar question: What did McDonald’s know and when did they know it? Those are questions likely to get a lot of… Continue Reading

CAFC Redirects TTAB in Trademark Fraud Ruling Today: In re Bose Decided

Posted in Law Suits, Loss of Rights, Trademarks, TTAB

Today is a really, really big day for trademark types. As many of us have been saying for a couple of years now, trademark fraud (i.e., fraud on the U.S. Trademark Office) continues to be one of the hottest issues facing trademark owners and the attorneys who represent them. Perhaps after today, not so much, but who really… Continue Reading