Trademarks and the Lanham Act

The Lanham Act is a part of federal law dealing with protection of trademarks.

15 U.S.C. § 1125 – False designations of origin, false descriptions, and dilution forbidden

(a) Civil action

(1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which—

(A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or
(B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities,
shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.

For example, if I were to start running a website called carrollcountyexaminer dot com. I’d expect to get sued because the examiner dot com has a carroll county site already.

A Mega Flare from a Mini Star

At 2107 UTC on  23 April, the rising tide of X-rays from a superflare on red dwarf DG CVn triggered Swift‘s Burst Alert Telescope (BAT). The satellite turned to observe the source in greater detail with its other instruments and notified astronomers around the globe that a powerful outburst was in progress.

BTW, my principal contribution to the Swift satellite was the design and testing of the ultra-quiet power regulation system for the sensor array in the BAT.

Video Credit: NASA

Team Kimberlin Post of the Day

While I wait for The Dread Pro-Se Kimberlin to file his omnibus response to the defendants’ motions to dismiss his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness, I thought if might be interesting to review the story of his vexations federal lawsuit by reposting some of the highlights of the past year’s coverage. Here’s my motion to dismiss his first amended complaint.

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Team Kimberlin Post of the Day

Originally Posted on 12 December, 2013

RICOMadnessThe Dread Pirate Pro-Se Kimberlin has filed a frivolous and vexatious RICO lawsuit against 20+ defendants, including me. I was given 60 days from 19 October to respond to his Amended Complaint. I have done so with a Motion to Dismiss. Under Local Rule 105, TDPK now has 14 days to file any opposition to my motion.

Here is a copy of my motion. I do not wish to make any further public comment on it until the judge has ruled on it.

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Of course, TDPK couldn’t be bothered to respond in a timely manner.

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Team Kimberlin Post of the Day

Originally Posted on 30 December, 2013

RICOMadnessThe Dread Pro-Se Kimberlin seems a bit overloaded by the schedule he set for himself by suing so many defendants in the Kimberlin v. The Universe, et al. RICO case. Apparently, he didn’t expect so many of us to waive service of process and file motions to dismiss in the last week of the 60-day waiver period.DocketItem18-4That’s nonsense. The principle of judicial economy normally leads a court to settle issues with no more expense of its time and resources than necessary. Thus, if only one of the motions to dismiss filed in the RICO Madness is sufficient to eviscerate TDPK’s case, the court could dismiss the suit and get on to other matters. My motion to dismiss is first in line. The court could go ahead and consider it, and, if Brett Kimberlin hasn’t filed an opposition by close of business this afternoon, judicial economy might lead the court to do so quickly without further input from TDPK. If mine isn’t sufficient, there are more on the docket.

It’s not in the interest of justice to require the defendants in the RICO Madness to meet the deadlines set by the Federal Rules of Civil Procedure and allow extra time for Brett Kimberlin to deal with the mess he made for himself.

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At this point, we were only about 2-1/2 months into the adventure and the paperwork was only just getting started.