The Board was found to have applied the wrong standard for the second time in adjudicating the same claim.
The Trademark Trial and Appeal Board applied the wrong standard in determining that an Italian metal-working company by the name of Galperti did not commit fraud in its application to trademark its name, the U.S. Court of Appeals for the Federal Circuit has held. The decision by the court of appeals, which comes at the behest of a Texas metal-working company also bearing the Galperti name, is the second time in the same dispute that the trademark agency has been reversed by the Federal Circuit (Galperti, Inc. v. Galperti S.r.l., November 12, 2021, Taranto, R.).
Case date: 12 November 2021
case number: No. 21-1011
Court: United States Court of Appeals, Federal Circuit
A full summary of this case has been published on Kluwer IP Law.