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TTAB Tosses Out Three Fraud Claims, Dismisses "ZYTNIA" Vodka Cancellation Petition

Does it seem to you, dear reader, that the TTAB decides an inordinate number of cases involving vodka? Here's another one, this with a twist of fraud. The Board dismissed a petition for cancellation of a registration for the mark ZYTNIA for "liquor," finding that Petitioner had failed to prove its three fraud claims "to the hilt with clear and convincing evidence." Slaska Wytwornia Wodek Gatunkowtch ?Polmos? SA v. Stawski Distributing Co., Inc., Cancellation No. 92044806 (July 27, 2010) [not precedential].Petitioner Slaska charged that Respondent Stawski committed fraud when it (1) failed to tell the PTO that "zytnia" is Polish for "rye," (2) claimed to be owner of the mark, although it is only an importer, and (3) stated a first use date it had no right to claim...continue to full post

Full post as published by The TTABlog on August 12, 2010 (boomark / email).