Fitzpatrick, Cella, Harper & Scinto’s U.S. Trademark Law and Practice Update

Volume 3, Issue 2
December 2, 2009

The Fall issue of Fitzpatrick, Cella, Harper & Scinto’s Trademark Law & Practice Update features a discussion of the important In re Bose decision, wherein the Court of Appeals for the Federal Circuit substantially revised the standard for establishing fraud in connection with the prosecution or maintenance of a United States trademark. The Update also includes case discussions relating to the bona fide intention to use that must be established when filing a U.S. trademark application based on foreign priority; the latest advertising battle between beverage giants Coke and Pepsi; the test for establishing whether a mark is generic and thus is incapable of serving as a source indicator; and the evidentiary and burden of proof rules associated with cancellation proceedings before the Trademark Trial and Appeal Board.

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