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Precedential No. 36: TTAB Refuses to Find Fraudulent Intent Where Applicant Relied on Advice of Counsel

If you needed confirmation of how hard it will be to prove fraud post-Bose, then here's a case for you. The Board dismissed Brady Bunte's petition for cancellation in this consolidated proceeding, finding that he had failed to prove fraud "to the hilt." Although MCI knowingly included in its application goods for which its mark CABO PRIMO & Design had never been used, it did so after obtaining advice of counsel, and therefore the Board refused to find the requisite deceptive intent. M.C.I. Foods, Inc. v. Brady Bunte, Cancellation No. 920406056, and Brady Bunte v. M.C.I. Foods, Inc., Cancellation No. 92046056 (September 13, 2010) [precedential].Fraud: The Board found that MCI "made a false representation when it filed its application to register the CABO PRIMO and design mark and claimed use on products other than burritos," and that it did so "to obtain as broad a scope of protection as possible...continue to full post

Full post as published by The TTABlog on September 16, 2010 (boomark / email).