In “In re Chestek LLC”, oral argument transcript now available

It will be recalled that on December 7, 2023, an oral argument took place before the Court of Appeals for the Federal Circuit for In re Chestek PLLC. This appeal relates to the USPTO’s requirement that a trademark applicant reveal to the USPTO where he or she sleeps at night.

A transcript of the oral argument is now available. You can listen to the audio recording of the oral argument here.  It is important to realize that the transcript that follows is based upon best efforts, but the authoritative source is the audio recording.

The recording is about 30 minutes in duration.   The judges on this panel were:

    • Judge Alan D. Lourie
    • Judge Raymond T. Chen
    • Judge Kara F. Stoll

The two speakers at the lectern were:

    • Andrew Grossman, for appellant in re Chestek PLLC
    • Mary Beth Walker, for appellee the USPTO

As a reminder you can see the appeal briefs here.

The transcript follows.

Continue reading “In “In re Chestek LLC”, oral argument transcript now available”

Has your membership in a listserv been disabled due to “excessive bounces”?

(Updated November 25, 2023 to recognize that if your email service provider is bouncing the normal listserv postings, your email service provider may also have bounced the warning message that was sent to you about your email service provider bouncing the normal listserv postings.)

In recent days, dozens of members of our intellectual property listservs have received (or at least have been sent) email warnings that start like this:

Your membership in the mailing list <blah> has been disabled due to excessive bounces.  The last bounce received from you was dated <recent date>. You will not get any more messages from this list until you re-enable your membership. You will receive 2 more reminders like this before your membership in the list is deleted.

If you received such an email warning, this is because (a) you belong to one or more of our listservs, and (b) you selected Microsoft (outlook) to be your email service provider.   But of course another possibility is that you did not receive this warning email message, because your email service provider bounced the warning email message too.  What should you do next? Continue reading “Has your membership in a listserv been disabled due to “excessive bounces”?”

USPTO pushes back the date to release “son of EPAS/ETAS”

click to enlarge

(Update:  the migration has now been postponed for a third time, see blog article.)

On October 31, 2023, the USPTO announced that December 4, 2023 was the date upon which a new system called IPAS (Intellectual Property Assignment System) will replace EPAS (Electronic Patent Assignment System) and ETAS (Electronic Trademark Assignment System).  See screen shot at right.   But now the release date has been pushed back.  One wonders whether IPAS will disappoint its users, as will be discussed.  Continue reading “USPTO pushes back the date to release “son of EPAS/ETAS””

Listervs have been migrated to a new server redux

(Update:  be sure to look at Richard Schafer’s comment below, about how to whitelist in Microsoft’s system.)

Hello to the members of the various listservs hosted by Oppedahl Patent Law Firm LLC.   Five days ago I migrated the listservs to a new server.  For many members of the listservs, it looks like this migration has gone largely unnoticed after a few test postings of yesterday and today.  But for some members, this migration has not worked out well, because of the behavior of their email service provider, which is called “Outlook” from Microsoft.  Continue reading “Listervs have been migrated to a new server redux”

Nineteenth anniversary of the TTABlog

I offer congratulations and thanks to John L. Welch, who has by now given nineteen years of service to the trademark community with the TTABlog.  This remarkable blog, to which you should subscribe if you have not already done so, has no equal in the trademark community.  This remarkable trademark practitioner, to whom you should drop a thank-you note, has no equal in the trademark community.  Continue reading “Nineteenth anniversary of the TTABlog”

Listervs have been migrated to a new server

(Update:  Microsoft is behaving badly about this.  See blog article.)

Hello to the members of the various listservs hosted by Oppedahl Patent Law Firm LLC.   Yesterday I migrated the listservs to a new server.  For many members of the listservs, hopefully this will go largely unnoticed after a few test postings of yesterday and today.  But for some members, this will be extra work and trouble.  I am sorry about this.

Here are details.

Whitelisting.  Previously the listservs were on a server at IP address 162.255.116.157.  Now the listservs are on a server at IP address 66.29.132.148.  Maybe you had previously set up a whitelisting entry in your email system to allow messages from 162.255.116.157 to reach you.  If so, you may find that now you need to set up a whitelisting entry in your email system to allow messages from 66.29.132.148 to reach you.  (Update:  Microsoft is behaving badly about this.  See blog article.)

Member password.  This migration caused a reset of your password for your subscription to the listserv.   To get your password figured out again, you might find it necessary to go to one of the eleven links below (for the listserv that you need to reset the password in) and click on the link, and follow the process for resetting your password.

Digest numbering.  If you are a digest subscriber, you will see that this migration has reset the digest numbering to volume 1.

I am sorry about the extra work and trouble.

Links to user information pages for the listservs.  The listservs affected by this server migration include:

Argentina intellectual property office becomes even more trendy, modern and up-to-date

click to visit INPI web site

Today is the day!  Yes, today is the day (see previous blog article) on which the National Institute of Industrial Property of Argentina becomes a Depositing Office for national industrial design applications and national trademark applications.  Continue reading “Argentina intellectual property office becomes even more trendy, modern and up-to-date”