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re: Randolph Duke taking it to the next level.

Posted on 2/1/14 at 8:23 am to
Posted by Agforlife
Somewhere in the Brazos Valley
Member since Nov 2012
20102 posts
Posted on 2/1/14 at 8:23 am to
Look the dude obviously can't get laid so he has lots of extra energy and frustration he must get rid of. We are just the lucky people he chooses to relieve it on
Posted by Iosh
Bureau of Interstellar Immigration
Member since Dec 2012
18941 posts
Posted on 2/1/14 at 12:37 pm to
Oh, I get it, he's saying the trademark is unenforceable because the Date of First Use in Commerce is incorrect. Except that's largely bookkeeping data that can't be used to claim fraud unless it was material to the PTO's approval of the mark, provided it was in use at the time of filing. Hiragana v. Arena, 90 USPQ2d 1102. frickin' laymen thinking they know shite about IP law.

LINK

(And again, it's use in commerce so rando articles from other school newspapers using the phrase "12th Man" wouldn't be material to the approval of a mark.)
This post was edited on 2/1/14 at 12:48 pm
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