Another submission to the CAFC on “where you sleep at night”

It will be recalled that there is an appeal pending before the Court of Appeals for the Federal Circuit on “where you sleep at night”.  Many months ago, the USPTO had filed a brief in that appeal, representing to the Court that it was protecting the “where you sleep at night” domicile addresses of trademark applicants from exposure to the public.  And it will be recalled that recently the USPTO revealed that for more than three years, it had failed to protect the “where you sleep at night” domicile addresses of applicants from exposure to the public, despite having promised to do so.  In other words, the representation in that brief was untrue.  The Associate Solicitor of the USPTO wrote a letter to the CAFC that sort of admitted this (blog article).

Now the appellant has filed a letter response.  You can see it here.  It is interesting reading.

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