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Fraud? TTAB Denies Another Summary Judgment Motion as Defendant Claims Innocence, Non-Falsity

In the fifteen months since the CAFC's decision in Bose, the TTAB has yet to find fraud. Moreover, given the subjective nature of the "intent" issue, the chances of the Board finding fraud on summary judgment are very slim to nil. Witness the Board's interlocutory ruling in this proceeding, in which Petitioner Factory Mutual seeks to cancel a registration for the F & Design mark shown to the right, for metal fasteners, claiming ownership of ten registrations for eight different certification marks (including the five design marks shown below) relating to product safety and testing services for manufacturers. Factory Mutual Insurance Company and FM Approvals LLC v. Fullco Industries, Inc., Cancellation No. 92050758 (December 17, 2010) [not precedential]...continue to full post

Full post as published by The TTABlog on December 20, 2010 (boomark / email).