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TTAB Cancels "FEBAL USA" Registrations Obtained Fraudulently for U.S. Distributor

By John L. Welch

Mariner Ventures, Inc. committed fraud in the procurement of two registrations for the mark FEBAL USA for furniture because it knew that it was not the owner of the marks when it applied for registration. The Board therefore granted the petitions for cancellation filed by the Italian manufacturer. Febal Cucine, S.p.A. v. Mariner Ventures, Inc., Cancellation No. 92042704 [not precedential].Although Petitioner Febal Cucine had not used the mark FEBAL in the United States, it had standing to bring this proceeding because it was not a "mere interloper": it marketed goods in many countries, it was interested in expanding to the USA, and it entered into an agreement with an entity related to Respondent at the same time that Respondent filed a trademark application to register the FEBAL USA mark...continue to full post

Full post as published by The TTABlog on January 04, 2008 (boomark / email).