Fraudulent Incontestability Declarations: Textual Fidelity vs. Fraud Deterrence
by Dennis Crouch In the trademark case of Great Concepts, LLC v. Chutter, Inc., No. 2022-1212 (Fed. Cir. Oct. 18, 2023), the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. Writing for the majority, Judge Stark held the TTAB lacked this authority under the Lanham Act. Stark … Continue reading Fraudulent Incontestability Declarations: Textual Fidelity vs. Fraud Deterrence
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