Fraud on the Court: Finality and the Ghost of Hazel-Atlas
Briefly

The Supreme Court is set to deliberate on Marco Destin, Inc. v. Levy, assessing whether judicial finality can outweigh the imperative to address fraud that corrupts court proceedings. This case revolves around L&L Wings, which, having defaulted on a trademark agreement, nonetheless continued using and sublicensing the 'WINGS' mark. An attorney for L&L allegedly engaged in fraudulent activity by securing trademark registration under false pretenses, which ultimately influenced the judgment against Marco Destin, resulting in a significant financial settlement. The implications of the Court's decision could redefine standards for addressing fraud in judicial contexts.
The upcoming Supreme Court case, Marco Destin, Inc. v. Levy, will examine how judicial finality must be balanced against the need to address fraud that impacts the court proceedings.
L&L Wings' prior rights to the 'WINGS' trademark were forfeited due to their failure to fulfill contract terms, yet they continued using and sublicensing the mark.
The case highlights significant concerns regarding fraudulent representations in trademark registration and their detrimental effects on litigation outcomes, as seen in the Marco Destin case.
At the center of the dispute is the question whether the court's failure to acknowledge fraud over judicial finality undermined the integrity of the legal process.
Read at Patently-O
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