[E-trademarks] CAFC handed down its opinion in In re Chestek today.
Pamela Chestek
pamela at chesteklegal.com
Fri Feb 16 10:22:36 EST 2024
My thought on this is an international trademark law authority or
scholar who could say that other countries do not require a street
address. We might be able to crowd source that through Carl's list
(personally, having never once been required to provide more detailed
address information in 20 years of practice in many countries), but I
think someone who might look at some countries' laws and say it isn't
required would be helpful.
Pam
Pamela S. Chestek
Chestek Legal
300 Fayetteville St.
Unit 2402
Raleigh, NC 27602
+1 919-800-8033
pamela at chesteklegal.com
www.chesteklegal.com
On 2/16/2024 10:17 AM, david--- via E-trademarks wrote:
> I can ask professors. May not be a specific group but I’d bet a lot
> of individuals.
>
> David Hricik
> 151 Country Creek Rd.
> Macon, GA 31220
>
>
>> On Feb 16, 2024, at 10:11 AM, Chelsie Spencer
>> <cspencer at ritterspencercheng.com> wrote:
>>
>>
>> Another thought is that state bar trademark or IP sections or
>> committees may be tapped for filing amici. We have an active section
>> here in Texas.
>>
>>
>> Chelsie Spencer | Managing Attorney
>>
>> *Ritter Spencer Cheng PLLC*
>>
>> 15455 Dallas Parkway, Suite 600
>>
>> Addison, Texas 75001
>>
>> Office: 214-295-5070
>>
>> Direct: 214-295-5074
>>
>> <Outlook-sn1wpika.png>
>>
>> ------------------------------------------------------------------------
>> *From:* E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on
>> behalf of david--- via E-trademarks <e-trademarks at oppedahl-lists.com>
>> *Sent:* Friday, February 16, 2024 9:07 AM
>> *To:* For trademark practitioners. This is not for laypersons to seek
>> legal advice. <e-trademarks at oppedahl-lists.com>
>> *Cc:* david at hricik.com <david at hricik.com>
>> *Subject:* Re: [E-trademarks] CAFC handed down its opinion in In re
>> Chestek today.
>> If I can help let me know. I probably know Aipla people to contact.
>>
>> David Hricik
>> 151 Country Creek Rd.
>> Macon, GA 31220
>>
>>
>>> On Feb 16, 2024, at 9:36 AM, David Boundy via E-trademarks
>>> <e-trademarks at oppedahl-lists.com> wrote:
>>>
>>>
>>> I pledge $3000 and an amicus brief. I will contact Brad Forrest who
>>> may be able to route this through AIPLA (it'd be more effective to
>>> have this coming from AIPLA than from just plain old me or from
>>> PTAAARMIGAN). If AIPLA doesn't bite, I'll file another as plain old me.
>>>
>>> On Fri, Feb 16, 2024 at 9:31 AM Pamela Chestek via E-trademarks
>>> <e-trademarks at oppedahl-lists.com> wrote:
>>>
>>> Heather is right. I spent six figures on the appeal and I
>>> received two donations (thank you so much to those who donated).
>>>
>>> I can't afford to take this any further; I have a small
>>> practice. I don't have a good estimate yet for the cost for a
>>> petition for rehearing, but ballpark is $30K.
>>>
>>> But it's more than that. Reviews are rarely granted and to
>>> increase the likelihood of success we need amici. I think that
>>> the IP organizations (INTA, AIPLA, IPO, ABA) should be alarmed
>>> by the unchecked rulemaking power of the USPTO, which doesn't
>>> apply just to trademarks, but patents too. Other organizations
>>> should be alarmed by the fact that the PTO has zero concern for
>>> vulnerable populations, privacy in general, or computer
>>> security. Through eliding by the PTO, the board also
>>> misunderstood that other countries do NOT require address
>>> information and seemed to weigh that incorrect fact fairly
>>> heavily, so we need someone to correct that misunderstanding. I
>>> understand that the amici lift is fairly light though, limited
>>> to 2600 words.
>>>
>>> I can't afford, in money, time or contacts, to do it by myself
>>> anymore. I also have to decide fairly soon whether to petition
>>> for rehearing so my lawyer will have time to brief it.
>>>
>>> Pam
>>>
>>> Pamela S. Chestek
>>> Chestek Legal
>>> 300 Fayetteville St.
>>> Unit 2402
>>> Raleigh, NC 27602
>>> +1 919-800-8033
>>> pamela at chesteklegal.com
>>> www.chesteklegal.com <http://www.chesteklegal.com>
>>>
>>>
>>>
>>> On 2/16/2024 7:28 AM, Heather Vargas via E-trademarks wrote:
>>>>
>>>> My recollection is that when Pam decided to do this, a bunch of
>>>> us piped up and said we would contribute, but it sounds like we
>>>> did not follow through. I would submit that rather than
>>>> general statements of support, we either “pledge” a specific
>>>> amount that Pam or her proxy can come ask us to fulfill, or we
>>>> set up a fund and Pam can decide when day zero to file the
>>>> motion hits, if we put our money where our mouths are. I am
>>>> sorry that I cannot personally coordinate this; I am almost a
>>>> year into covering my practice plus my partner’s who has been
>>>> on medical leave for the better part of a year, but I will
>>>> pledge or contribute if one of these things happens.
>>>>
>>>>
>>>>
>>>> <cobbcolelogomodrgb_4d64a9e3-83d6-4a74-9443-b78133d2646e.png>
>>>> Heather Vargas (She/Her/Hers)
>>>> Florida Bar No. 230900
>>>> Board Certified in Intellectual Property Law
>>>> Cobb Cole
>>>> 149 S. Ridgewood Avenue
>>>> Suite 700
>>>> Daytona Beach, FL 32114
>>>> (D) 386-323-9220 | (F) 386-323-9206
>>>> Website <https://cobbcole.com/> | Bio
>>>> <https://cobbcole.com/attorney/heather-bond-vargas/>
>>>>
>>>>
>>>> Notice: The information contained in this email transmission is
>>>> intended by the sender for the use of the named individual or
>>>> entity to which it is directed and may contain information that
>>>> is privileged or otherwise confidential. It is not intended for
>>>> transmission to, or receipt by, anyone other than the named
>>>> addressee (or a person authorized to deliver it to the named
>>>> addressee). It should not be copied or forwarded to any
>>>> unauthorized persons. If you have received this electronic mail
>>>> transmission in error, please delete it from your system
>>>> without copying or forwarding it, and notify the sender of the
>>>> error by reply email or by calling Cobb Cole at 386-255-8171,
>>>> so that we can update our address records accordingly.
>>>>
>>>> *From:*E-trademarks <e-trademarks-bounces at oppedahl-lists.com>
>>>> <mailto:e-trademarks-bounces at oppedahl-lists.com> *On Behalf Of
>>>> *Carl Oppedahl via E-trademarks
>>>> *Sent:* Thursday, February 15, 2024 11:27 AM
>>>> *To:* For trademark practitioners. This is not for laypersons
>>>> to seek legal advice. <e-trademarks at oppedahl-lists.com>
>>>> <mailto:e-trademarks at oppedahl-lists.com>
>>>> *Cc:* Carl Oppedahl <carl at oppedahl.com> <mailto:carl at oppedahl.com>
>>>> *Subject:* Re: [E-trademarks] CAFC handed down its opinion in
>>>> In re Chestek today.
>>>>
>>>> The appeal effort up until now had cost the applicant/appellant
>>>> really a lot of money, many tens of thousands of dollars. I am
>>>> aware of at least one member of the listserv who contributed a
>>>> bit of money toward that cost.
>>>>
>>>> Yes, an /en banc /request might be worth pursuing. This would
>>>> cost some tens of thousands of dollars in addition to the costs
>>>> already incurred.
>>>>
>>>> I wonder whether the trademark community would be willing to
>>>> pony up the cost of the /en banc /request? Possible approaches
>>>> could include setting up a gofundme (which would incur fees to
>>>> the provider of the gofundme service) or perhaps a listserv
>>>> member serving as the collection point for contributions. I
>>>> imagine there any of a number of listserv members who could be
>>>> trusted to provide that service and would not ask for any fee
>>>> for that service.
>>>>
>>>> Carl
>>>>
>>>> On 2/15/2024 8:57 AM, John L. Welch via E-trademarks wrote:
>>>>
>>>> Maybe a request for /en banc/ reconsideration would be
>>>> worth pursuing?
>>>>
>>>> JLW
>>>>
>>>> *From:*Erikson, Daan <Daan.Erikson at huschblackwell.com>
>>>> <mailto:Daan.Erikson at huschblackwell.com>
>>>> *Sent:* Thursday, February 15, 2024 9:25 AM
>>>> *To:* For trademark practitioners. This is not for
>>>> laypersons to seek legal advice.
>>>> <e-trademarks at oppedahl-lists.com>
>>>> <mailto:e-trademarks at oppedahl-lists.com>
>>>> *Cc:* Welch, John L. <John.Welch at WolfGreenfield.com>
>>>> <mailto:John.Welch at WolfGreenfield.com>
>>>> *Subject:* RE: CAFC handed down its opinion in In re
>>>> Chestek today.
>>>>
>>>> I have read this decision and am curious what others think
>>>> of the reasoning. I find the last part of the decision
>>>> (page 13) particularly perplexing. Isn’t it circular to
>>>> say that an agency doesn’t have to prepare for every
>>>> eventuality, especially when there is nothing in the record
>>>> about privacy concerns, when there wasn’t a reason for
>>>> people to be concerned about privacy during the notice and
>>>> comment period? And anyway how is this change not a
>>>> substantive rule that affects individual rights and
>>>> obligations when it affects individuals’ privacy rights?
>>>>
>>>> *From:*E-trademarks
>>>> <e-trademarks-bounces at oppedahl-lists.com> *On Behalf Of
>>>> *John L. Welch via E-trademarks
>>>> *Sent:* Tuesday, February 13, 2024 11:34 AM
>>>> *To:* For trademark practitioners. This is not for
>>>> laypersons to seek legal advice.
>>>> <e-trademarks at oppedahl-lists.com>
>>>> *Cc:* John L. Welch <John.Welch at WolfGreenfield.com>
>>>> *Subject:* [E-trademarks] CAFC handed down its opinion in
>>>> In re Chestek today.
>>>>
>>>> [EXTERNAL EMAIL]
>>>>
>>>> The “where do you sleep at night” case.
>>>>
>>>> Pdf attached
>>>>
>>>> JLW
>>>>
>>>>
>>>
>>> --
>>> E-trademarks mailing list
>>> E-trademarks at oppedahl-lists.com
>>> http://oppedahl-lists.com/mailman/listinfo/e-trademarks_oppedahl-lists.com
>>>
>>>
>>>
>>> --
>>>
>>>
>>> <https://www.iam-media.com/strategy300/individuals/david-boundy>
>>>
>>> *David Boundy *| Partner |Potomac Law Group, PLLC
>>>
>>> P.O. Box 590638, Newton, MA 02459
>>>
>>> Tel (646) 472-9737| Fax: (202) 318-7707
>>>
>>> _dboundy at potomaclaw.com_ __| _www.potomaclaw.com
>>> <http://www.potomaclaw.com>_
>>>
>>> Articles at http://ssrn.com/author=2936470
>>> <http://ssrn.com/author=2936470>
>>> <https://www.keynect.us/requestCardAccess/USA500DBOUN?>
>>>
>>> Click here to add me to your contacts.
>>> <https://www.keynect.us/requestCardAccess/USA500DBOUN?>
>>>
>>> --
>>> E-trademarks mailing list
>>> E-trademarks at oppedahl-lists.com
>>> http://oppedahl-lists.com/mailman/listinfo/e-trademarks_oppedahl-lists.com
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://oppedahl-lists.com/pipermail/e-trademarks_oppedahl-lists.com/attachments/20240216/68c17697/attachment.htm>
More information about the E-trademarks
mailing list