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
U.S. District Court
Burlington Coat Factory’s Claim of Naked Licensing Is Not A Ploy To Increase Coat Sales
By Tiffany Blofield on
Posted in Law Suits
When accused of trademark infringement by popular designer Fendi, Burlington Coat Factory attempted to defend the lawsuit by raising the affirmative defense of “naked licensing.” Do not let the thought provoking name fool you. The doctrine has nothing to do with disrobing. Instead, the doctrine is designed to prevent confusion by consumers as to the source of…