#bluesphere — Public Fediverse posts

Oh, THIS is interesting (from another Hughes Socol case before Judge Seeger, right before #BlueSphere). Grumpy Cat v. Schedule A, 1:22-cv-01088.

Rereading the 12/19/22 minute order from the #BlueSphere case: "[T]his unfortunate episode is not the first time that Plaintiff's counsel did this maneuver. But it will be the last."

This is the firm that represented #BlueSphere, btw.

RE: https://bsky.app/profile/did:plc:hvwhptk4oerwsuzau66ikwfy/post/3lfvfjfbxtc2e

\\ FN76'S BLUE SPHERE GAUNTLET //

enjoy

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#getbluespheres
#bluesphere
#bluespheres
#sonic

Shades of #BlueSphere:

So, there's a company that owns trademark registrations for the phrase GRUMPY CAT for use in connection with various goods, including clothing, among other registrations. This company has filed at least 60 #ScheduleA cases, represented by Hughes Sokol (the #BlueSphere firm).

This is also the firm that filed the #BlueSphere case.

This is also, btw, the firm from the #BlueSphere case:

RE: https://bsky.app/profile/did:plc:hvwhptk4oerwsuzau66ikwfy/post/3lfvfjfbxtc2e

This week in #ScheduleA: - Judge Valderrama joins the anti-Bose team: bsky.app/profile/desi... - Judge Perry GETS IT: blog.ericgoldman.org/archives/202... - Legal damages, you say? bsky.app/profile/desi... - "Chinese" writing that isn't: bsky.app/profile/desi... - #BlueSphere turns 2:

RE: https://bsky.app/profile/did:plc:hvwhptk4oerwsuzau66ikwfy/post/3lfuhz6fd3s2e

Just re-reading the #BlueSphere hearing transcript. Judge Seeger: "Judge shopping ain't a thing here or anywhere else." storage.courtlistener.com/recap/gov.us... #ScheduleA

For example, I've noticed that one firm (not the one from the #BlueSphere case) that seems to be auto-amending whenever their cases get assigned to Seeger:

RE: https://bsky.app/profile/did:plc:hvwhptk4oerwsuzau66ikwfy/post/3ldji5koyms2z

He is also the judge who caught the #BlueSphere judge shopping.

And it's *not* the #BlueSphere guys this time: www.courtlistener.com/docket/69333...

This plaintiff is not represented by the #BlueSphere lawyers, just for the record.

The Schedule A from the first case appears to still be under seal, so we (the public) can't tell whether this is a #BlueSphere scenario or a totally new case.

Judge Seeger caught these attorneys judge-shopping and ordered them "to come clean and file a statement before [the original judge], fully and candidly informing the Court of what they did" and "prohibit[ed] Plaintiff's counsel from pulling any comparable maneuver in any future case...." #BlueSphere

RE: https://bsky.app/profile/did:plc:hvwhptk4oerwsuzau66ikwfy/post/3lcxku4sh3c2o

Sarah Fackrell (Burstein) (@de...

Yes, this is the law firm from the #BlueSphere case.

For those not familiar with the #BlueSphere saga: mastodon.social/@design_law/...

Sarah Fackrell (Burstein) (@de...

I wish there were a way to track what happens next in these cases. I'm certain the plaintiffs are not refiling against everyone in separate cases. But I can't help but wonder if there are any #BlueSphere style shenanigans going on.

@SADLady Really interesting. I hope they're not trying to pull a #BlueSphere (CC: @hewittlaw) https://mastodon.social/@design_law/110304478879745809

And who are the attorneys here? That's right--the guys who (unsuccessfully) tried judge-shopping in #BlueSphere and who sought (and, unfortunately, obtained) injunctions against infringing an expired design patent in #CasioVersusScheduleA

https://mastodon.social/@design_law/111057946228411324

Looks like it's time for hashtag to keep track of these guys. #HughesSocol

Okay, so remember the #CasioVersusScheduleA? That's the one where the #BlueSphere attorneys sought--and obtained--ex parte injunctions against infringing....an expired design patent:

https://mastodon.social/@design_law/110468674736116887

Well, the judge was unimpressed with Casio's first set of arguments about default judgment damages.

So Casio has filed a supplemental brief, which is full of #CounterfeitRhetoric and based on trademark-type harms (there is no trademark infringement alleged here):

https://storage.courtlistener.com/recap/gov.uscourts.ilnd.430290/gov.uscourts.ilnd.430290.64.0.pdf

Law360 on the #BlueSphere decision, including a recap of their judge-shopping shenanigans: https://www.law360.com/articles/1715330?e_id=5d700c06-51fd-4232-93e5-3482b7ad9d56&

#Trademarks #ScheduleA

Btw, Casio is represented here by the attorneys from the #BlueSphere case:

So I looked up the official firm bio page for Michael Hierl, the lead attorney in the #BlueSphere case.

One interesting thing: At the end of his bio, he includes a link to this IP Watchdog post about the "cost-effectiveness" of Schedule A cases: https://ipwatchdog.com/2022/10/13/brands-successfully-cost-effectively-combating-online-counterfeiters/id=152088/

Law360 covers the newly-released #BlueSphere hearing transcript: https://www.law360.com/ip/articles/1603426?nl_pk=fd062d42-234e-4b6a-b9b5-4052fd7ef7ac

- For my initial thoughts on the transcript (and a link to the transcript itself), see this thread:
https://mastodon.social/@design_law/110299204058901720

- For more on the underlying issues, including how these lawyers attempted to justify their judge-shopping, see: https://mastodon.social/@design_law/109558115721798486

#ScheduleA #LawFedi #CivProMatters

Currently brainstorming how I can work #BlueSphere into my fall #CivPro class.

Okay, so I checked the docket in the second case (the one that got assigned to Judge Guzman) and, in March, the NDIL Executive Committee reassigned the case....to Judge Seeger.

https://www.courtlistener.com/docket/65772129/blue-sphere-inc-v-the-individuals-corporations-limited-liability/

#BlueSphere

Remember the #BlueSphere case?

The transcript of the January 18 hearing was released today:

https://storage.courtlistener.com/recap/gov.uscourts.ilnd.422387/gov.uscourts.ilnd.422387.35.0.pdf

Judge Seeger: "I called you in today because I wanted to speak with you directly and candidly face to face about some of my concerns that I had about some of your filings."

#ScheduleA #LawFedi

The bond here is $10k, total. For who knows how many defendants and how many dollars in seized funds.

As you might also recall, this is what #BlueSphere thought it should have to pay--$10k per case, regardless of the number of defendants. Is this becoming a de facto standard?

This is especially notable in light of the fact that some judges in the NDIL (where this all seems to have started) are starting to push back on these "Schedule A" TRO requests. See, e.g., https://www.law360.com/ip/articles/1568802