There’s an old lawyer’s saying that when the facts are against you, stress the law; when the law is against you, stress the facts; and when the facts and the law are both against you, yell and pound the table. When yelling and pounding fail, Team Kimberlin provides us with Legal LULZ.
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Is either The Worst Attorney Teabagger® or TWAT® a registered trademark? If so, does either one belong to the Cabin Boy™?
17 U.S.C. § 1326 PENALTY FOR FALSE MARKING
(a) In General.—Whoever, for the purpose of deceiving the public, marks upon, applies to, or uses in advertising in connection with an article made, used, distributed, or sold, a design which is not protected under this chapter, a design notice specified in section 1306, or any other words or symbols importing that the design is protected under this chapter, knowing that the design is not so protected, shall pay a civil fine of not more than $500 for each such offense.
(b) Suit by Private Persons.—Any person may sue for the penalty established by subsection (a), in which event one-half of the penalty shall be awarded to the person suing and the remainder shall be awarded to the United States.
There’s a big difference in the meaning of ® compared to ™.
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Everyone time Team Kimberlin has filed a motion for sanctions against a defendant or defendants counsel, the motion has failed. Their motions to sanction third parties have failed. But there’s no surprise there. After all, all of their LOLsuits have been the equivalent of a knife at a gunfight.