Okay, so we've seen #ScheduleA plaintiffs argue that a defendant is lying about its own location before. See, e.g., the Austin, Texas arguments in the #BirdRock case.

But wow. This is....a choice:

https://files.mastodon.social/media_attachments/files/111/024/117/805/957/062/original/4d74831bbfdc7c1e.jpg


Let me focus for a second on this point: "Jones then clarified that 'about 50 percent' of the Defendants’ products subject to the TRO [which was based on trademark claims] did not contain the FLAGWIX mark, allegedly because those Defendants removed the logo." I just. Wow.


nostr:npub13vqa7560vjny2yczqa7jfxejhtvg6davc0u3xhm4rnawzkf673vsl206zw Yeah. And I can't say it's at all unjustified or overkill. I'm not even halfway through and this is already far, far, beyond the pale.


Let me focus for a second on this point: "Jones then clarified that 'about 50 percent' of the Defendants’ products subject to the TRO did not contain the FLAGWIX mark, allegedly because those Defendants removed the logo." I just. Wow.


She really gets it:

https://files.mastodon.social/media_attachments/files/111/024/101/357/410/123/original/04eac965e21d148b.jpg


And the judge gets it:

https://files.mastodon.social/media_attachments/files/111/024/092/536/189/546/original/36e57abe7dc2fc58.jpg


Plaintiff: “If this is not counterfeiting, nothing is.”

Um, no. This is not counterfeiting. At least not as the Lanham Act defines it.

https://files.mastodon.social/media_attachments/files/111/024/086/370/854/701/original/5c8e0ba8187a45bc.jpg


This just keeps getting worse and worse.

https://files.mastodon.social/media_attachments/files/111/024/078/090/872/178/original/b38c2a223be5f2d8.jpg


1) Wow.

2) Why are we talking about PPBs with LLCs? (But I digress...)

https://files.mastodon.social/media_attachments/files/111/024/066/984/960/091/original/1ad34db81d1318bc.jpg


Back to the decision.

This part is....wow.

Judges do not say things like this lightly:

https://files.mastodon.social/media_attachments/files/111/024/055/476/275/258/original/f7d3e475ffef135b.jpg


I mention Judge Jenkins being new to the bench because the newer judges seem to be looking with #ScheduleA cases with fresh eyes and coming to good results. See, e.g., Judge Daniel's "toddlers" ruling in TOB.


Judge Jenkins (who became an NDIL judge in February) sanctions against a #ScheduleA plaintiff and its counsel in a #trademark case: https://storage.courtlistener.com/recap/gov.uscourts.ilnd.409127/gov.uscourts.ilnd.409127.122.0.pdf

(h/t @chicagolawyer.bsky.social)

https://files.mastodon.social/media_attachments/files/111/024/020/329/177/345/original/ee3d9228a7d7a942.jpg


nostr:npub16pcnkuannwmpwmu9phqvyg93uavdgdmzgy8cfrzvk7swr98udfus6s8j5n Good for you! Is your comment public yet? I'd love to read it. I was just talking to someone yesterday about how much racism and xenophobia I see in some of these complaints.


nostr:npub1erhna4874q0fn77e5fz4mfstdx68vskjn8j87gl3qc5nh9jsph6q7nf9a6 Thank you!


Anyway, going back to the labeling point.

The question of how registered patent practitioners should be able to represent themselves to the public is an important one.

In fact, I raised it in my own comments in the first round:

https://www.regulations.gov/comment/PTO-P-2022-0027-0033

https://files.mastodon.social/media_attachments/files/110/927/811/966/223/975/original/667078aa87e1c0aa.jpg


Does anyone else remember that show from the late '80s where the main character was half-alien and had the ability to freeze time?

That was a cool power. I would like to have that power right now.


This piece on Kenneth Chesebro is generally good and interesting but I really could have done without all the Jeffrey Toobin quotes: https://www.theguardian.com/us-news/2023/aug/19/kenneth-chesebro-trump-georgia-indictment-fake-electors


Honestly, I don't usually read the front matter. This one just didn't give me the option to jump straight to the beginning.


Clerk's office said these documents were under seal, surmises that the plaintiff read the last part of the order (saying the court would unseal everything after they filed) as permission to file these new things temporarily under seal. That seems odd to me but okay.

https://files.mastodon.social/media_attachments/files/110/888/224/384/410/483/original/7bfad230fa5c25c4.jpg


nostr:npub1k9qecpkl6vwxjhtelyxhkuejfld0zey9d7tru0cljk9allusr55sk3j0yn Oh, interesting.


Happy Sunday! #bloomscrollling

https://files.mastodon.social/media_attachments/files/110/882/276/642/714/303/original/b80b29725eb8ee1b.jpeg


nostr:npub1mu9wmykl7qx5llk69axd3rvk0hzhdd25jsqtj2hmnzjpn2sxum6s8jjj0t Ha! No, it means the day SCOTUS might decide this case?

https://www.scotusblog.com/case-files/cases/jack-daniels-properties-inc-v-vip-products-llc-2/