“Fed. Circ. Revives TM Fraud Row Between Pipe Flange Rivals”
The Federal Circuit is letting a Texas pipe company revive its trademark dispute with an Italian competitor after finding that the Trademark Trial and Appeal Board prematurely concluded that the rival did not lie to obtain registration of its name.
In a nonprecedential opinion filed Wednesday, a three-judge panel found that the TTAB failed to properly evaluate whether Galperti SRL lied on its trademark application for the “Galperti” name when it stated that it made “substantial exclusive” use of the mark.