U.S. Patent Office cancels Redskins trademark registration

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  • #53266
    pakfanistan
    Participant

    If you are smart you can figure it out.
    I changed your username from mine back to yours.

    You changed it to “Messed with the wrong person” I don’t remember that being my username.

    What do you say we put all of this behind us, and we can have a normal conversation on what we disagree about like civilized human beings rather than having a pissing contest.

    I really enjoy a reasonable discussion of differing opinions, contrary to popular belief.

    #53267
    Rick
    Keymaster

    For the record I did change your username but it was just to add a space. It was an attempt at humor.
    The “messed with the wrong person” was your signature and the password was easily figured out. BTW how many attempts did it take?

    I agree on putting the behind us. Believe it or not I have changed some of my views based on discussions I have had with people I disagree with.

    #53268
    ancsu87
    Participant

    A large part of why the federal court overuled was because of the doctrine of laches, or, there was an unreasonable delay in filing the claim. — Half correct. —> “Pro Football appealed to the U.S. District Court for the District of Columbia, and won: the court overruled the Board’s decision, holding – bear with me, this is the important part – that the evidence concerning the disparaging nature of the term “redskins” in 1967 was insufficient. The petitioners then appealed to D.C. Circuit Court of Appeals, which affirmed the district court – without disturbing the ruling on insufficient evidence. The six registrations – which had remained intact throughout the appeal process – were thus definitively preserved.”

    Another court ruled that laches was applied inappropriately, which opened it up for them to file another claim. — Nice try but an incorrect statment. —-> The Blackhorse claim was was basically a re-do of Harjo, with different (younger) plaintiffs to get around the previous successful defense based on lackes but with essentially the same evidence. The parties stipulated that all the testimony, expert reports, affidavits, and other documents from Harjo would be received into evidence in Blackhorse as well, and the new petitioners made a strategic decision not to add any substantial new evidence. You can read the stipulation from the Harjo TTAP and civil cases in the files for the Blackhorse case on the TTAP website. The Blackhorse case was even suspended multiple times waiting for the civil action to be finished on Harjo.

    #53269
    ancsu87
    Participant

    Just because I know it is coming and because I don’t want to try and explain it all here is part of an article from Smithsonian explaining it.

    “The Patent Office made a similar ruling in 1999, but it was overturned on appeal. An article from last fall in Forbes has a great explanation of why exactly the ruling was overturned:

    Laches is an equitable legal defense, under which claims can be barred if a person waits too long to bring them. In the Harjo litigation, the district court found that the plaintiffs’ claims were barred using laches, because the Redskins were awarded their first trademark in 1967. The Harjo plaintiffs, however, didn’t bring their case until 1992–some 25 years after the Redskins’ first trademark was approved.

    The time clock for the doctrine of laches begins ticking when a plaintiff reaches the age of majority. In the Harjo case, the youngest plaintiff was only one-year-old in 1967, when the Redskins obtained their first trademark. However, on remand, the district court found that even this plaintiff’s case violated the doctrine of laches, since he waited eight years after reaching the age of majority to bring his case.

    The age of majority varies by state, but is usually between 18 and 21. In the current case, the suit was filed when the plaintiffs were between 18 and 24, so they should be able to avoid the same laches pitfall of the case that came before.”

    Read more: http://www.smithsonianmag.com/smart-news/redskins-trademark-registration-cancelled-us-patent-office-180951776/#gjUZByspibcgsHcQ.99
    Give the gift of Smithsonian magazine for only $12! http://bit.ly/1cGUiGv
    Follow us: @SmithsonianMag on Twitter

    #53270
    pakfanistan
    Participant

    So according to Smithsonian Mag, the first claim was denied because the claimants were too old, and the second was allowed to proceed because the claimant wasn’t too old?

    Am I reading that correctly?

    #53272
    ancsu87
    Participant

    Yes. Different plaintiffs.

    #53274
    pakfanistan
    Participant

    To me, that doesn’t sound particularly political. And the Redskins still have the ability to appeal the decision and have it overturned again, so to me it looks like the system is working as intended.

    #53275
    StateRed44
    Participant

    To me, that doesn’t sound particularly political. And the Redskins still have the ability to appeal the decision and have it overturned again, so to me it looks like the system is working as intended.

    do you think the IRS political targeting “worked as intended”?

    #53279
    pakfanistan
    Participant

    do you think the IRS political targeting “worked as intended”?

    I don’t know yet. They also targeted open source software groups, so it looks like somebody was trying to take some shortcuts and made some bad policy decisions.

    Having said that, it was exposed, and is being investigated, so I would say that part of the system is working as intended.

    We’re supposed to have a system of checks and balances. It was anticipated that different branches of the government would behave badly from time to time.

    Edit: Before you get to it, yes, even with the lost emails. They had a six month retention policy, and then were supposed to print out and save emails, which is completely ridiculous.

    #53284
    ancsu87
    Participant

    Having said that, it was exposed, and is being investigated, so I would say that part of the system is working as intended.———–>
    You really believe that??? If what you wrote was true then the AG would have assigned an independent special investigator and prosecutor. Instead we have anyone questioning the issue labelled a “butthurt conservative” and the POTUS making a mockery of the professional nature of the office with his sarcastic mockery of those who dare to question him on anything.

    We’re supposed to have a system of checks and balances. It was anticipated that different branches of the government would behave badly from time to time. ———–>
    Behaving badly from time to time is a fair cry from the possibility that a sitting POTUS and/or those in his administration used the IRS to influence an election and silence critics. During Watergate even the POTUS supporters acknowledged that the potential serious implications of the allegations and erased tape warranted the needed for outside investigation. I can’t begin to comprehend how you think the check and balances are in play here.

    #53285
    ancsu87
    Participant

    “To me, that doesn’t sound particularly political. And the Redskins still have the ability to appeal the decision and have it overturned again, so to me it looks like the system is working as intended.”

    Glad I could upgrade your understanding of the TTAP and the civil case to the lawyer/rule of law level from your previous Huffington Post level. It was quite apparent your never read and understood the rule of law in play on either case.

    Then again as a butt-hurt conservative I tend to gather facts first since the “other side” is held to a higher standard than just have Ms. Huffington or NY Times say something so therefore it must be true and you are a butt hurt woman immigration gay hating angry white man if you disagree.

    #53286
    redisgood
    Participant

    And in far less meaningful news, we just landed a commitment from defensive end Quentez Johnson. Originally committed to Miami, we beat out Tennessee and Oregon for him. Welcome to the family!

    #53287
    pakfanistan
    Participant

    Glad I could upgrade your understanding of the TTAP and the civil case to the lawyer/rule of law level from your previous Huffington Post level. It was quite apparent your never read and understood the rule of law in play on either case.

    Why are you stirring the pot? We sort of had this back on track and were having a conversation, and now you’re being a dick.

    I said the first case was overturned because of laches. You contradicted me and then posted an article that said the first case was overturned because of laches, to inform me apparently. I asked you if the first case was overturned because of laches, and you agree. What the hell.

    For a non-butt hurt conservative, you sure are acting like you need some Preparation H. Maybe Matt Drudge has a coupon code for some, you should check your email.

    How does the targeting of open source software orgs fit into your grand conspiracy? Is it another cunning plan to throw people off the scent of Obama’s eeeeeeeevil Marxist agenda?

    #53289
    redisgood
    Participant

    <div class=”d4p-bbt-quote-title”>ancsu87 wrote:</div>
    Glad I could upgrade your understanding of the TTAP and the civil case to the lawyer/rule of law level from your previous Huffington Post level. It was quite apparent your never read and understood the rule of law in play on either case.

    Why are you stirring the pot? We sort of had this back on track and were having a conversation, and now you’re being a dick.

    ?? There are enough dicks on this thread to make Doogie Howser happy.

    #53290
    pakfanistan
    Participant

    ?? There are enough dicks on this thread to make Doogie Howser happy.

    Oh, I know, I’m as guilty as anybody, but I’m seriously trying here.

    #53291
    tjfoose1
    Participant

    It was only $2, and that’s Johnny, not Abe.

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    #53292
    tjfoose1
    Participant

    <youtube>

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    #53295
    pakfanistan
    Participant

    Things would be a lot better if we had just made this guy emperor.

    Ronnie Raygun

    #53297
    Wufpacker
    Participant

    Geez Louise.
    September can’t get here fast enough.

    #53299
    redisgood
    Participant

    I blame Al Gore. No Gore, the internet never gets invented, and this whole thing is just a bad dream.

    #53301
    pakfanistan
    Participant

    I think we all know who’s responsible for the ills of this country.

    The worst thing that has ever happened to this great country.

    #53302
    Wufpacker
    Participant

    #53303
    tjfoose1
    Participant

    We’re leaving out a whole lotta things for native Americans to be offended about…

    in the RED? Really?

    RED light district

    RED herring

    RED tape

    the rather timely, RED card

    Who’s the racist pig who chose the WHITE flag as the global symbol for surrender?

    Why is it a WHITE ball that all you rich, upper crust, capitalistic pigs hit around at the golf course?

    Where do pigs go to protest their association with capitalists and police?

    The Chinese are upset about YELLOW Fever and YELLOW journalism.

    WHITE noise, really?

    BLACK market? Depending upon perspective, that could be taken several ways.

    BLACKball, BLACKlist, BLACK ops, BLACK .death.. BLACK tie?

    in the BLACK?

    And Pandorans wanna know how they got associated with being sad and sexually frustrated.

    We just getting started on this cultural and ethnic offense stuff.

    #53310
    ancsu87
    Participant

    “I think we all know who’s responsible for the ills of this country.”

    Why are you stirring the pot? We sort of had this back on track and were having a conversation, and now you’re being a dick. — LOL

    #53313
    pakfanistan
    Participant

    Do Randroids dream of objective sheep?

    Who is John Galt?

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