La Terra Fina USA, LLC v. Resers Fine Foods, Inc.

DISCUSSION

22 “A party harmed by a trademark’s registration can seek cancellation of the mark on certain 23 specified grounds, including that the trademark was obtained by the commission of fraud on the 24 [USPTO].” OTR Wheel Eng’g, Inc. v. W. Worldwide Servs., 897 F.3d 1008, 1019 (9th Cir. 2018) 25 (citing Hokto Kinoko Co. v. Concord Farms, Inc., 738 F.3d 1085, 1097 (9th Cir. 2013) (citing 15 26 U.S.C. §§ 1064, 1119)). “Fraud in procuring a mark occurs when an applicant knowingly makes 27 false, material representations of fact in connection with an application.” Quicksilver, Inc. v. Kymsta Corp., 466 F.3d 749, 755 (9th Cir. 2006) (quoting L.D. Kichler Co. v. Davoil, Inc., 192 F.3d 1349, 1351 (Fed. Cir. 1999)). To allege a claim of cancellation based on fraud in the procurement, a party must allege: “(1) a false representation regarding a material fact; (2) the registrant’s knowledge or belief that the representation is false; (3) the registrant’s intent to induce reliance upon the misrepresentation; (4) actual, reasonable reliance on the misrepresentation; and (5) damages proximately caused by that reliance.” Hokto Kinoko Co. v. Concord Farms, Inc., 738…