--- In [email protected], a_non_moose_ff <[EMAIL PROTECTED]> wrote: > > --- In [email protected], "shempmcgurk" <shempmcgurk@> > wrote: > > > > --- In [email protected], a_non_moose_ff <no_reply@> > > wrote: > > > > > > > --- In [email protected], a_non_moose_ff <no_reply@> > > wrote: > > > > > > > > > > --- In [email protected], TurquoiseB <no_reply@> > > wrote: > > > > > > > > > > > > --- In [email protected], a_non_moose_ff > > <no_reply@> > > > > > > wrote: > > > > > > > > > > Has mike waived his right to a jury trial? > > > > > > > > > > > > It may not be up to him. Many states reserve the > > > > > > right to try non-criminal civil cases before a > > > > > > single judge or a panel of judges. > > > > > > > > > > Just curious. What states are those? Is Florida?among them. If > > so > > > does the exclusion of civil case jury trials apply to trademark > > cases? > > > > > > > > > > "In civil cases in state court, the right to a jury trial is > > > governed by the state's constitution and statutes. The Supreme > > Court > > > has repeatedly held that the Seventh Amendment right to a jury > > trial > > > applies only to federal courts, not to state courts. As a practical > > > matter, though, most states make jury trials widely available for > > > many kinds of civil cases above the level of small claims court." > > > > > snip > > > > > > Do we even know if the case is being pursued under federal or state > > > trademark law? > > > > > > > > > > > > > > > > Trademarks are under federal jurisdiction. > > > > No, read the link below -- thats why I looked it up and posted it. > There are federal and thre are state statues. > > ">Under state common law, trademarks are protected as part of the > > law of unfair competition. ... States' statutory provisions on > trademarks differ but most have adopted a version of the Model > Trademark Bill (MTB) "
Thanks for the clarification. As Johnny Carson used to say: "I did not know that". > > > > > > > > > > > > > > > > > > > > I would assume the TMO is using the federal law so i) > > > they can argue essentially the same case in any state, and ii) if > > > appealled they might gain some useful precidents that can be used > > > across the nation. > > > > > > If the case is is federal courts, then the Seventh Amendment right > > to > > > a jury trial applies without question. In contrast to a Florida > > court, > > > where the right to a jury trial probably applies -- "though, most > > > states make jury trials widely available for many kinds of civil > > cases" > > > > > > http://www.law.cornell.edu/wex/index.php/Trademark > > > Under the Lanham Act, a seller applies to register a trademark with > > > the Patent and Trademark Office (http://www.uspto.gov/). The mark > > can > > > already be in use or be one that will be used in the future. See § > > > 1051 (http://www.law.cornell.edu/uscode/15/1115.html) of the Act. > > The > > > Office's regulations pertaining to trademarks are found in Parts > > 1 - 7 > > > of Title 37 of the Code of Federal Regulations. If the trademark is > > > initially, approved by an examiner, it is published in the > > Official > > > Gazette of the Trademark Office to notify other parties of the > > pending > > > approval so that it may be opposed. See §§ 1062 - 1063 of the Act. > > > (http://www.law.cornell.edu/uscode/15/1062.html) An appeals > > process is > > > available for rejected applications. See §§ 1070 - 1071 of the Act. > > > (http://www.law.cornell.edu/uscode/15/1070.html) > > > > > > Under state common law, trademarks are protected as part of the > > law of > > > unfair competition. Registration is not required. See Unfair > > > Competition. States' statutory provisions on trademarks differ but > > > most have adopted a version of the Model Trademark Bill (MTB) > > > (http://www.inta.org/policy/mstb.html) or the Uniform Deceptive > > Trade > > > Practices Act (UDTPA) > > > (http://www.law.cornell.edu/uniform/vol7.html#dectr). The MTB > > provides > > > for registration of trademarks while the UDTPA does not. > > > > > > ------------------------ Yahoo! Groups Sponsor --------------------~--> Join modern day disciples reach the disfigured and poor with hope and healing http://us.click.yahoo.com/lMct6A/Vp3LAA/i1hLAA/UlWolB/TM --------------------------------------------------------------------~-> To subscribe, send a message to: [EMAIL PROTECTED] Or go to: http://groups.yahoo.com/group/FairfieldLife/ and click 'Join This Group!' Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/FairfieldLife/ <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
