In Enbridge, Inc. v. Excelerate Energy, LP (Opp. No. 91170364) , the Trademark Trial and Appeal Board (“TTAB”) unanimously denied the motion for summary judgment brought by Opposer Enbridge, Inc. (“Enbridge”) based on fraud. The TTAB found that there was not “clear and convincing” evidence that Applicant Excelerate Energy, LP (“Excelerate”) intended to deceive the USPTO. (more…)
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CAFC Clarifies Intent Necessary For Registration Fraud Against The PTO
In In re Bose Corp., the Court of Appeals for the Federal Circuit (“CAFC”) reversed and remanded an appeal from the Trademark Trial and Appeal Board (“TTAB”) (Bose Corp. v. Hexawave, Inc.), which had cancelled Bose’s trademark Serial No. 1,633,789 for the word WAVE after finding Bose had committed fraud on the United States Patent and Trademark Office (“PTO”) under 15 U.S.C. § 1064(3) in renewing the registration. (more…)
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