Home -> Law Blog Directory -> Intellectual Property Law Blogs -> The TTABlog

Intellectual Property Law

: The TTABlog

TTABlog Comment: Fraud and the Digital Camera

Since its seminal decision in Medinol Ltd. v. Neuro Vasx, Inc., 67 USPQ2d 1205 (TTAB 2003), the TTAB has been slowly developing its fraud jurisprudence, adding a new snapshot to the album every year or so. That is not meant to be a criticism of the Board. That's just the way decisional law works: case by case. It's like taking a photograph in the old days: a lot of time spent in the dark, waiting for the film to develop. Recent Board cases have focused on the issue of how and when a false statement regarding use may be cured; as a result practitioners are scurrying to conduct "fraudits" to ferret out potential problems in their clients' trademark portfolios. The purpose of this essay, however, is to look at the problem from a different point of view and ask how the false verification of use may be avoided in the first place...continue to full post

Full post as published by The TTABlog on May 11, 2009 (boomark / email).