Scienter Is Adequately Pled In Trademark Suit

Ing bank fsb (d/b/a ing direct), et al. v. the pnc financial services group, inc., et al., Civ. No. 08-514-lps, june 22,2009. Stark, m. J. Plaintiff’s motion to dismiss defendants’ counterclaim is denied. Defendant’s counterclaim seeks cancellation of plaintiff’s design mark registration due to fraud on the pto.