> --- In FairfieldLife@yahoogroups.com, a_non_moose_ff <no_reply@> wrote: > > > > --- In FairfieldLife@yahoogroups.com, TurquoiseB <no_reply@> wrote: > > > > > > --- In FairfieldLife@yahoogroups.com, a_non_moose_ff <no_reply@> > > > wrote:
> > > > Has mike waived his right to a jury trial? > > > > > > It may not be up to him. Many states reserve the > > > right to try non-criminal civil cases before a > > > single judge or a panel of judges. > > > > Just curious. What states are those? Is Florida?among them. If so does the exclusion of civil case jury trials apply to trademark cases? > > > > "In civil cases in state court, the right to a jury trial is governed by the state's constitution and statutes. The Supreme Court has repeatedly held that the Seventh Amendment right to a jury trial applies only to federal courts, not to state courts. As a practical matter, though, most states make jury trials widely available for many kinds of civil cases above the level of small claims court." > > snip Do we even know if the case is being pursued under federal or state trademark law? I would assume the TMO is using the federal law so i) they can argue essentially the same case in any state, and ii) if appealled they might gain some useful precidents that can be used across the nation. If the case is is federal courts, then the Seventh Amendment right to a jury trial applies without question. In contrast to a Florida court, where the right to a jury trial probably applies -- "though, most states make jury trials widely available for many kinds of civil cases" http://www.law.cornell.edu/wex/index.php/Trademark Under the Lanham Act, a seller applies to register a trademark with the Patent and Trademark Office (http://www.uspto.gov/). The mark can already be in use or be one that will be used in the future. See § 1051 (http://www.law.cornell.edu/uscode/15/1115.html) of the Act. The Office's regulations pertaining to trademarks are found in Parts 1 - 7 of Title 37 of the Code of Federal Regulations. If the trademark is initially, approved by an examiner, it is published in the Official Gazette of the Trademark Office to notify other parties of the pending approval so that it may be opposed. See §§ 1062 - 1063 of the Act. (http://www.law.cornell.edu/uscode/15/1062.html) An appeals process is available for rejected applications. See §§ 1070 - 1071 of the Act. (http://www.law.cornell.edu/uscode/15/1070.html) Under state common law, trademarks are protected as part of the law of unfair competition. Registration is not required. See Unfair Competition. States' statutory provisions on trademarks differ but most have adopted a version of the Model Trademark Bill (MTB) (http://www.inta.org/policy/mstb.html) or the Uniform Deceptive Trade Practices Act (UDTPA) (http://www.law.cornell.edu/uniform/vol7.html#dectr). The MTB provides for registration of trademarks while the UDTPA does not. ------------------------ Yahoo! Groups Sponsor --------------------~--> Join modern day disciples reach the disfigured and poor with hope and healing http://us.click.yahoo.com/lMct6A/Vp3LAA/i1hLAA/UlWolB/TM --------------------------------------------------------------------~-> To subscribe, send a message to: [EMAIL PROTECTED] Or go to: http://groups.yahoo.com/group/FairfieldLife/ and click 'Join This Group!' Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/FairfieldLife/ <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
