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Old 06-23-2014, 08:17 AM   #158
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Join Date: Apr 2008
Location: Mid-Atlantic
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Originally Posted by Garcia Bronco View Post
...apparently you don't know who the office of patents and trademarks reports to....
Obamaís comments, plus the letter to team owner Dan Snyder signed by 50 U.S. Democratic senators, did draw politics into the fracas. But did that pressure interfere with an otherwise impartial decision?

"Thereís no evidence for that," said Elizabeth Rowe, University of Florida College of Law professor and director of the Program in Intellectual Property Law. "There is no room for that in the way the system is set up."

The office makes hundreds of decisions a year and operates independently of the White House, she said. The decisions are made based on specific rules from Congress and legal interpretations from various courtsí decisions and precedents in intellectual property cases.

And importantly, none of the three judges involved in the ruling were appointed while Obama was in office. All three took their seat during the terms of President George W. Bush.

Judge Karen Kuhlke was appointed May 1, 2005. Judge Peter Cataldo was appointed May 14, 2006. And Judge Marc Bergsman was appointed Nov. 13, 2006.

Bergsman dissented with Kuhlke and Cataldo in this case, arguing the trademark should not be canceled because the plaintiffs failed to show that a "substantial composite" of American Indians find the teamís name offensive and that its evidence was essentially a "database dump" that proved little.

Kuhlke and Cataldo, on the other hand, found the trademarks were disparaging to Native Americans at the time they were registered, and the five people who brought it forth had standing because they were members of Native American tribes.

As we noted earlier, judges in the same administrative court issued the same finding in 1999, before it was overturned on appeal.
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