Day Pitney remains committed to providing quality legal counsel, while protecting our clients and employees, and transforming our communities into more just, equal and equitable spaces. For more information, please visit our COVID-19 Resource Center | Racial Justice and Equity Task Force.
Day Pitney Boston partner Carrie Webb Olson will be the guest speaker at the Connecticut Intellectual Property Law Association meeting February 10. Ms. Olson will be discussing: In re Bose Corp. and other recent trademark developments. Ms. Olson is a partner in Day Pitney's Intellectual Property Group, where she focuses on all aspects of copyright and trademark law.
In In re Bose Corp., the United States Court of Appeals for the Federal Circuit rejected the Trademark Trial and Appeal Board's (TTAB) "known or should have known" standard confirming that a finding of fraud requires clear and convincing evidence of an intent to deceive. See In re Bose Corp., No. 2008-1448, slip op. (Fed. Cir. August 31, 2009).
In holding 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 PTO," the Federal Circuit has made it significantly more difficult to prove fraud in trademark proceedings. In the past six years, the TTAB had employed a "should have known" standard, which the Bose court equated to a lesser standard of negligence. The Bose court ruled, however, that "[t]he standard for finding intent to deceive is stricter than the standard for finding negligence," and held that the stricter standard applies to trademark fraud cases.
The CIPLA meeting will be held from 6:00pm to 9:00pm at the Graduate Club in New Haven, CT (for more information, visit www.graduateclub.com, or call 203-624-3197).
Click here for more information.
This website may use cookies, pixel tags and other passive tracking technologies, including Google Analytics, to improve functionality and performance. For more information, see our Privacy Policy. By using our website, you are consenting to our use of these tracking technologies. You can alter the configuration of your browser to refuse to accept cookies, but if you do so, it is possible that some areas of web sites that use cookies will not function properly when you view them. To learn more about how to delete and manage cookies, refer to the support instructions for each browser (e.g., see AllAboutCookies.org). You may locate Google Analytics' currently available opt-outs for the web here.
This website may use cookies, pixel tags and other passive tracking technologies, including Google Analytics, to improve functionality and performance. For more information, see our Privacy Policy. By using our website, you are consenting to our use of these tracking technologies. You can alter the configuration of your browser to refuse to accept cookies, but if you do so, it is possible that some areas of web sites that use cookies will not function properly when you view them. To learn more about how to delete and manage cookies, refer to the support instructions for each browser (e.g., see AllAboutCookies.org). You may locate Google Analytics' currently available opt-outs for the web here.