[E-trademarks] Petition for Certiorari - Chestek PLLC v. Vidal

[Pamela Chestek]

Hi all,

Hope you're having a great Friday afternoon!

This is to let you know that on Monday we will be filing a petition for 
certiorari in my loss in the Federal Circuit in In re Chestek PLLC. This 
step is being taken with great thought.

The PTO is obliged by statute to follow the same processes described in 
the Administrative Procedures Act that all government agencies follow, 
which is to publish proposed rules for notice and comment and then 
consider the comments when propounding any final rule. In a broadly 
sweeping opinion, the Federal Circuit did /not/ say that the proper 
steps were followed in the rulemaking for the domicile address 
requirement but instead skirted it by saying, essentially, that the PTO 
doesn't ever have to comply with that statutory requirement and 
therefore can propound any rule that it wants, for both patents and 
trademarks, without any obligation to do any formal rulemaking at all. 
Any advance warning or consultation with the stakeholders about new 
rules may be a thing of the past.

The implications of this for both trademark and patent practitioners is 
profound. This case is also the only opportunity to force the PTO to 
reverse course. If not challenged, the decision stands and the next 
person challenging any egregious rulemaking will have to overcome this 
appeals-level precedent.

I am hoping that those of you who represent clients or organizations who 
might be adversely affected by an unfettered PTO will consider filing a 
petition in support of the Supreme Court's grant of certiorari. This is 
when I need the most support - we need to convince the Supreme Court 
that this case must be heard. This is actually more important than 
briefs once cert has been granted. If you'd like a copy of the petition 
being filed, write to me privately and I'll be happy to send you a copy.

We have asked AIPLA and INTA to support the petition for cert but they 
haven't committed yet. If you have any influence with those 
organizations, please encourage them to file a petition in support. I 
would also ask anyone who is a member of IPO to ask them to consider 
supporting the petition.

Thanks so much for your past support - I have had many private comments 
thanking me and appreciate them all. And please help me with this one 
last step.

Pam

Pamela S. Chestek
Chestek Legal
300 Fayetteville St.
Unit 2492
Raleigh, NC 27602
+1 919-800-8033
pamela at chesteklegal.com
www.chesteklegal.com


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