Ant-Like Persistence

(Update:  The oral argument took place on December 7, 2023 and you can see the transcript here.)

(Update:  the appellee’s brief has been filed – blog article.)

(Update:  the appellant’s reply brief has been filed – blog article.)

Readers will recall that a few days ago I wrote:

This would be a perfect time for amici to file amicus briefs.

An amicus brief has now been filed in the case about the Trademark Office demanding to know where the trademark applicant sleeps at night (blog article).  You can see the amicus brief here.

(update:  an amicus brief has been filed.)

(update:  the appellee’s brief has been filed.)

(update:  the appellant’s reply brief has been filed.)

Many readers are aware of the keen obsession that the Trademark Office at the USPTO has in knowing where trademark applicants sleep at night.  Readers who are familiar with the statutes and rules and accumulated court cases relating to the right and wrong ways to do “rulemaking” may also have gone to the trouble of looking at the steps that the Trademark Office followed in promulgating its rules that, since a couple of years ago, have required applicants to reveal to the Trademark Office where they sleep at night.  But perhaps not so many readers are aware that right now there is pending in the Court of Appeals for the Federal Circuit a case that asks the Court to consider striking down those rules.

There is now an important development in that Court of Appeals case.  Continue reading “The “where you sleep at night” Federal Circuit appeal – first brief”