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Fraud and Lack of Bona Fide Intent: Some Thoughts on Remedies

I am participating as a panelist this afternoon in a webinar program on fraud (here), and so I thought this would be a good time to revisit the issue of remedies. In a June 11, 2010 TTABlog posting (here), I set forth my understanding of the differing remedies available under a fraud theory, a lack-of-bona-fide-intent theory, and a non-use theory. A number of readers followed up with comments.In that posting I asked this question: "What about alleging that an Applicant's or Registrant's lack of bona fide intent amounts to fraud? Why not?" Well, if the Applicant lacked a bona fide intent for ALL the goods or services, then there is no reason to pursue both the lack-of-intent claim and th efraud claim, since the remedy would be the same: the application or registration would be void ab initio...continue to full post

Full post as published by The TTABlog on November 10, 2010 (boomark / email).