Citing Petitioner’s Fraudulent Conduct, TTAB Dismisses Petitioner’s Cancellation Petition

Alexandria VA (September 11, 2019) – A three judge Trademark Trial and Appeal Board (TTAB) panel ruled in favor of Respondent Srills, LLC in a precedential trademark ruling dismissing a cancellation petition brought by Petitioner Optimal Chemical Inc regarding a series of Srills’ registered trademarks. The Petitioner filed the cancellation proceeding in February of 2016 alleging likelihood of confusion under Section 2(d) of the Trademark Act, 15 U.S.C. § 1052(d), based on a claim of Petitioner’s alleged prior common law use of the marks.

Following an extensive 20 month long review of the factual record as presented in the parties’ trial briefs, the Panel found that “… Respondent has established by clear and convincing evidence that Petitioner participated in a pattern of submitting testimony and evidence which is inaccurate, fabricated, altered, and untruthful in order to demonstrate priority of use, an integral element of its claim of likelihood of confusion.” Invoking the legal maxim “falsus in uno, falsus in omnibus” (false in one thing, false in everything), the Panel used its inherent authority protect the integrity of TTAB proceeding to dismiss Petitioner’s petition as a sanction for the Petitioner’s misconduct. The Panel also noted that because much of the evidence presented by Petitioner was thrown out due to its untruthful origins, Petitioner had also failed to meet its claim of likelihood of confusion.

Respondent was represented by Kenneth L. Kunkle of Kunkle Law PLC.

The opinion of the Panel is available at .

Kenneth Kunkle
Kunkle Law PLC
(612) 414-3113