"Docket" and Pleadings from Legal Action (USPTO 91205893)

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Maxxxx

The mighty Water Bear
Jan 25, 2012
4
0
0
Boston, MA
Real Name
Joseph
Hi all

We have a thread going on the Monsterfishkeeper site where we're tracking the trademark litigation against the MFK by the ____ at Monster Energy drinks.

http://www.monsterfishkeepers.com/f...egal-Action-(USPTO-91205893)&referrerid=77422


There are instructions in the thread on how to access on online folder containing the pleadings and other court filings. I do my best to upload the docs as soon as they're available.

(Basically I'm too lazy to recreate the thread in this forum, pm me if you're having trouble accessing the MFK thread)
 

excuzzzeme

Stroke Survivor '05
Having nothing better to do, I read much of the postings. Since I know nothing about law, I just got the feeling that this is nothing more than a tactic to wear down Li and have him capitulate to an offer of a payoff. I could certainly be way off the mark on this but it would not surprise me that this is just flexing their muscles (and money) to show how powerful they are. Pretty infantile IMO. What have they to gain? I would suppose that it brings attention to them much like advertising does. Some people seek attention in that even bad attention is better than being ignored. Someone has serious issues. When you look at the bottom line of settling this case, what would be gained? Certainly not money. It has to be more than that. Maybe the fulfillment of an emotional need? Regardless, it is certainly pathetic.
 

Maxxxx

The mighty Water Bear
Jan 25, 2012
4
0
0
Boston, MA
Real Name
Joseph
Regardless, it is certainly pathetic.

For not being a lawyer you hit the nail on the head. Thankfully Suffolk Law School has an IP (intellectual Property) clinic that picked up the case Pro Bono. I'm not sure if they took the case because Monster Energy has a long and storied history of filing these bully suits or if they thought the suit against Li was particularly outrageous.

Either way when the kids from Suffolk Law stepped in it was certainly a game changer
 

excuzzzeme

Stroke Survivor '05
I learned at the receiving end of a lawsuit that justice has nothing to do with law. Justice is meted out on the basis of who tells the best story. The experience left a very bitter taste in my mouth in regards to our legal system and the "misrepresentations of fact" that lawyers often employ. In my case, I was lucky that I was aware of many things the lawyer tried to accuse of being my fault and I refused to cave. (It was actually the fault of the town) If a person is right as in LI's case, capitulation should never be an option.

I think there should be no allowances given to the plaintiff to delay. If they had their ducks in order in the beginning, there would be no need to delay. Delay tactics are nothing more than a ploy to wear down a person, at the end of which you are too tired and frustrated to do anything more than to agree to an unjust settlement. People that do these kinds of things are less than human and are seriously lacking a moral compass in my opinion. After the delay you ask for more information and again ask for a delay for the evidence to be provided even though it was already provided months prior. Some judges need to quit politicking and grow a backbone.
 

Maxxxx

The mighty Water Bear
Jan 25, 2012
4
0
0
Boston, MA
Real Name
Joseph
Are you sure you're not a lawyer :laugh:

If not you have very eloquently pointed out some of the endemic failings of our legal system. I have been a practicing litigation attorney (MA, NH, Nj, PA) for around ten years and seen some very shady practises.

I've worked everywhere from "Big Law" to my current private practice. In every position I saw and was even occasionally ordered facilitate actions that would I felt unethical.

That being said the vast majority of Attorneys are good people doing their best in a hard job to pay their bills just like everybody else
 

excuzzzeme

Stroke Survivor '05
If ethics were mandated for the entire legal system and those that bring frivolous suits (I feel this is one), it would certainly clear the backlog of pending cases. I am sorry if I implied that all attorneys are less than scrupulous, and yes I have met some very concerned and good ones. I just get frustrated when I see cases like this, big business vs. small business owner, and leaves me wishing for true justice.

No, I have absolutely no legal training of any fashion but hold an interest in the law. I feel that much of our laws are nothing more than enforcement of common-sense principles. At one time I had an interest in becoming a paralegal. Yes, I am aware that there are bad apples in every basket regardless of profession. I did have a friend that was at one time the AG for the state of MA. Had a lot of respect for the man and wish he was still alive.

The whole thing is a sham and a shame. I hope for the best for Li.
 

Maxxxx

The mighty Water Bear
Jan 25, 2012
4
0
0
Boston, MA
Real Name
Joseph
Agreed & agreed.

No worries about any implied insults, I didn't take any offense from anything said in your post. That part of my response was just a reflexive defense of the good lawyers out there.

We likely have more than our share of shady characters; those that have dumped any proffesional ethics and will ***** themselves out for buck. It used to be a fundamental tenant of being an attorney that you make the decision as to the merits of a case, before filing, it and not the client. If the case is frivolous, like harassing Li for no acceptable reason, Monster's counsel had a proffesional (and ethical) obligation not to take the case.

Li is in good hands so hopefully this suit will get zapped when it hits the admin law judge.


____
If possible I'd like you to stay active in this thread, you have a knack of breaking the issues down from archaic legalese back into ethical principles. The pleadings can get confusing and I think if you continue to comment it would be beneficial to our community.
 

excuzzzeme

Stroke Survivor '05
I will admit that I felt the judge was not hearing what Li said in reference to certain record keeping matters. He stated that he would not provide information that might be personal in nature and had no records of customers that purchased AC and MFK gear. To demand non-existent recordsis an exercise in futility. I also feel that Li is trying to protect the privacy rights of those of us that participate. In ref to The Privacy Act of 1974, I feel the requirement to produce private records not only violates the act, when and where it identifies participants of this forum and further question if it may also violate the 4th and 14th Amendment against unreasonable search and seizure since there is no criminal act involved. Lacking a criminal investigation would preclude the term "probable cause" against the demand. Further, I question the right of the opposer to have access to records that might identify members and users. From reading into the things not stated, I reiterate that it is my belief that Li is trying to protect the users as well as the site itself. Surely, there should be some protection from the law. I understand the term(s) "Implied Consent" when joining, but that only goes so far, even in a public forum. Implied consent does not mean we relinquish all rights as protected by the Constitution and general law.
 

Pinkey

AC Members
Nov 16, 2004
178
9
18
Denver
Real Name
Nate
I learned at the receiving end of a lawsuit that justice has nothing to do with law.
In my family I have an attorney who has worked many years as a judge as well. He explained to us a long time ago that they are called courts of law, not courts of justice.
 

Fractalis

Heavy Weapons Guy
Mar 3, 2011
699
1
16
I learned at the receiving end of a lawsuit that justice has nothing to do with law. Justice is meted out on the basis of who tells the best story.
I think they made a movie about something like that. ( Law Abiding Citizen ) You drop the ball when it comes to true Justice and you might end up with big mess on your hands.
(
 
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