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In re Bose


Case name: In re Bose Corporation
Parties: Bose Corporation (appellant), USPTO (appellee by leave of court (Hexawave, Inc. did not appear))
Court: Court of Appeals for the Federal Circuit
Decision Date: August 31, 2009
Ruling: Reversed/Remanded
Opinion by: Michel (Dyk, Moore)
Facts: Bose filed opposition against HEXAWAVE on grounds of likelihood of confusion under Lanham Act; Hexawave counterclaimed for cancellation based on fraud (15 U.S.C. § 1064(3)). Counterclaim based on lack of manufacture of some of the goods at time of renewal of trademarkregistration. But Bose was repairing goods at time of renewal and returning same to customers. Counsel renewing application believed such to meet trademark rules.
Lower Court Decision(s): Bose Corp. v. Hexawave, Inc., TTAB, Opp. No. 91/197,315, Nov. 6, 2007. cancelling Reg. No. 1,633,789 (WAVE) on basis that Bose Corp. committed fraud on the USPTO when renewing, as "should have known" statements were false. TTAB found repair an insufficient basis and held fraud, cancelling entire registration. Bose appealed.
Analysis of Appellate Decision: Intent to deceive requires making statement knowing it to be false. .Here, even if a material misrepresentation was made, the lack of intent to deceive the USPTO removed acts from being fraudulent. To hold otherwise would have lowered the standard for fraud to simple negligence.
Appeal Taken: N

Legend

USPTO = United States Patent & Trademark Office
BPAI = Board of Patent Appeals & Interferences
TTAB = Trademark Trial and Appeal Board

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Williamson Intellectual Property Law, LLC
1870 The Exchange, Suite 100 - Atlanta, Georgia 30339