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Sutherland attorney James H. Johnson is speaking on a Webinar entitled "In re Bose: Strategies for Trademark Prosecution Under the New Fraud Standard, N/A," October 20, 2009. This seminar will review the Federal Circuit’s decision in In re Bose and how the court reached its conclusion. The panel will discuss the impact of the decision on trademark applications, applicants and owners and outline best practices for defending trademarks.
The landmark decision of the U.S. Court of Appeals for the Federal Circuit in In re Bose sets a new standard for fraud prosecution. The court overturned the Trademark Trial and Appeal Board's (TTAB) Medinol decision, rejecting the TTAB's "should have known" standard for fraud. The Federal Circuit concluded that the TTAB had "erroneously lowered the fraud standard to a simple negligence standard." Going forward, a party seeking to cancel a trademark registration on fraud grounds must prove intent to deceive the Patent and Trademark Office (PTO) by clear and convincing evidence. Trademark applicants and owners must ensure diligence in making accurate representations to the PTO. This presentation will consist of a live 90-minute CLE teleconference/Webinar with interactive Q&A.
For more information and to register for this event, click here.