Sunday, October 4, 2009
The United States Court of Appeals for the Federal Circuit rejected the Trademark Trial and Appeal Board's (TTAB) "known or should have known" standard on August 31, confirming that a finding of fraud requires clear and convincing evidence of an intent to deceive. See In re Bose Corp. , No. 2008-1448, slip op. (Fed. Cir. August 31, 2009).