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US Court of Appeals for the Federal Circuit Rules the Trademark Board Erroneously Lowered the Fraud Standard in Trademark Cases to Simple Negligence

On August 31, 2009 the US Court of Appeals for the Federal Circuit (“CAFC”) ruled in In Re Bose Corporation, 2008-1448 (CAFC) that “a trademark is obtained fraudulently under the Lanham Act only if the applicant or registrant knowingly makes a false, material representation with the intent to deceive the PTO [US Patent and Trademark […]

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