[E-trademarks] time for people to pledge (was Re: CAFC handed down its opinion in In re Chestek today.)
Carl Oppedahl
carl at oppedahl.com
Fri Feb 16 10:53:42 EST 2024
Heather's right on all of this.
Of course it would be helpful to have promises to file amicus briefs.
But that's not what's needed now. What's needed now is people putting
their money where their mouth is. Without that, there is no way that
Pam would be able to proceed.
I haven't cleared this with Pam, but my guess is she will not object. I
have set up a Google Form that will permit people to make pledges. /*You
can see it here
<https://docs.google.com/forms/d/e/1FAIpQLSfJKXeXfrg_G40wiedbZvAhB-lIS_d33QUEKTILa63q4Quybw/viewform?usp=sf_link>.*/
Either you can pledge by the closing date, or you can fail to pledge by
the closing date. If the /*pledge goal*/ is reached by the /*closing
date*/, you will be expected to send your money without delay to
wherever Pam says the money needs to go.
Here is what you will see if you click on the link.
This form permits you to pledge to contribute to the costs for
filing a petition for a rehearing en banc in the Federal Circuit
appeal in In re Chestek PLLC.
I am imposing my judgment right now that the pledge goal will be
$35K. In coming days I might hear from Pam that she feels the
pledge goal needs to be a different amount, and if so, I will
proceed using /*her amount*/.
I am imposing my judgment right now that the closing date for the
pledge drive will be seven days from now, that is, Friday, February
23, 2024. In coming days I might hear from Pam that she feels the
closing date needs to be a different date, and if so, I will proceed
using /*her closing date*/.
From time to time between now and the closing date I will post an
intermediate pledge result. If and when the total pledge reaches
the pledge goal, I will announce this event. Please realize that if
we do reach the pledge total, many people will be relying on you to
forward the funds essentially instantly.
/*Your privacy. */You will be entering your name and email and a
pledge amount in the form below. Between now and the closing date I
will keep the names and emails in confidence, not sharing them
beyond Pam and whoever she might authorize me to share them with.
If we do reach the pledge goal by the closing date, then I will
follow Pam's guidance as to what to do with names and emails.
Note that I am not saying anything about what exactly would happen to
your money if you send it. That's up to Pam and you need to trust her
if you send it. I trust her. Surely you do too.
Carl
On 2/16/2024 5:28 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.
>
>
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