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A Medinol-like Fraud Case in California Worth Watching

The Seattle Trademark Lawyer blog (here) reports on a federal district court action in California that is worth keeping an eye on. Defendant Wine Group alleged that Plaintiff One True Vine's pleaded registration for the mark LAYER CAKE for "white wine, red wine" was invalid on the ground of fraud because (as Plaintiff admitted) the mark had never been used for white wine. Plaintiff contended that it did not realize that its Statement of Use included ?white wine, red wine? and not merely ?wine.? One True Vine, LLC v. The Wine Group LLC, Civil Action No. C 09-1328 (MHP) (N.D. Cal. November 3, 2009).Plaintiff moved to amend its pleaded registration to delete "white wine." Defendant opposed. The court granted the motion to amend, but noted that the amendment of the registration did not let Plaintiff off the hook for a potential finding of fraud...continue to full post

Full post as published by The TTABlog on November 13, 2009 (boomark / email).