News & Analysis as of

Incontestability Clauses

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2023: A Limit to Cancel Culture? Federal Circuit Finds Fraud in Connection with Section 15 Declaration...

In 2021, the Trademark Trial and Appeal Board cancelled Great Concepts, LLC’s trademark registration for the mark DANTANNA’S for restaurant services under Section 14, after finding that counsel for the Registrant committed...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2023

Thank you for reading the October 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the Federal Circuit’s recent case considering the scope of the USPTO’s authority to cancel registrations...more

Dorsey & Whitney LLP

Lies Without Consequences? The Federal Circuit Seems to Think So, When it Comes to Incontestability.

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​​​​​​​For 48 years, the Trademark Trial and Appeal Board of the U.S. Patent & Trademark Office has held that if a trademark registrant files a fraudulent declaration under Section 15 of the Lanham Act to make its...more

Bradley Arant Boult Cummings LLP

Cancellation of a Registered Mark Based on Fraud in Section 15 Affidavit Not Allowed

On Wednesday, a divided panel of the Federal Circuit issued a precedential decision reversing the USPTO’s cancellation of a registered trademark (Great Concepts, LLC v. Chutter, Inc., No. 2022-1212). As detailed in the...more

Dunlap Bennett & Ludwig PLLC

Bulletproof Trademarks: Why Brand Owners Should File A Section 15 Declaration Of Incontestability

Last fall, the maker of BLUE GOO pain relief products filed a trademark infringement lawsuit over a competitor’s GREEN GOO pain relief salve.[1] Trademark litigation can be long and costly. But the Court quickly dismissed...more

Dorsey & Whitney LLP

TTAB Rules That Reckless Disregard Satisfies the Intent to Deceive Standard for Fraud

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Twelve years after the Federal Circuit’s landmark In re Bose decision on fraud, the U.S. Trademark Trial and Appeal Board (“TTAB”) has answered one of the questions not reached by Bose: whether reckless disregard of the truth...more

King & Spalding

Betting On Strangers’ Lives: A Brief Look at How Different States Are Scoring the Insurable Interest vs. Incontestability...

King & Spalding on

This alert covers the current law on stranger-originated life insurance (“STOLI”) policies in 14 different states and includes updates concerning the following developments: • A 2020 decision applying New York law which...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor - October 2020: Material Misrepresentations in Life Insurance Policy Application Justified Rescission by...

In Salopek v. Zurich Am. Life Ins. Co., 2020 U.S. Dist. LEXIS 46857 (D. N.M. March 18, 2020), a New Mexico district court affirmed an insurer's rescission of an individual life insurance policy based on material...more

Seyfarth Shaw LLP

Will Nonuse Due to COVID-19 Delay Trademark Incontestability?

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In a previous Legal Update, we discussed how COVID-19 would likely provide a basis for claiming excusable nonuse of a trademark. A related issue is whether a pandemic-related interruption in use of a trademark could delay the...more

Carlton Fields

Second Circuit Affirms Summary Judgment for Bona Fide Purchaser in STOLI Action

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In a June 8, ruling in AEI Life v. Lincoln Benefit Life Co., the Second Circuit upheld the District Court for the Eastern District of New York’s application of New York’s two-year incontestability period to a STOLI policy....more

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