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Precedential No. 2: TTAB Okays Fraud Pleading But Denies Summary Judgment on Intent Issue

In this second precedential ruling of 2010, the Board provides some needed guidance on how to construct a well-pleaded fraud claim. Although Petitioner DaimlerChrysler's pleading (filed pre-Bose) was not perfect, it was good enough to clear the FRCP 9(b) hurdle. But the Board denied DC's motion for summary judgment because DC failed to establish the absence of a genuine issue of material fact as to Respondent AMC?s intent to deceive. DaimlerChrysler Corporation and Chrysler, LLC v. American Motors Corporation, Cancellation No. 92045099 (January 14, 2010) [not precedential].The pleading: DC sought to cancel AMC's registration for the mark AMC & Design for "automobile and structural parts thereof" on several grounds, including fraud. DC's amended petition for cancellation (filed on June 5, 2009) alleged the following:21...continue to full post

Full post as published by The TTABlog on January 19, 2010 (boomark / email).