Posted on 01/31/2006 4:46:36 AM PST by texianyankee
FYI
Gig 'em, Aggies!
Farmers Fight!
Is this guy a local district judge or a federal judge?
If he's not a federal judge, then we have a TEXAS judge issueing a ruling that favors a TEXAS corporation.
Surprise, surprise.
Hawks could tell him to pound salt.
I'm fairly sure this judge is not a federal judge - rather a local judge.
When the Aggies become worthy of owning the #12, that's when they can have it back.
Interesting that the article even admits (and I remember) that the Hawks were using it in the mid 80's, well before they got the Trademark.
I don't know trademark law, but I would think that even if you get a trademark for something that's already in use, their use of it has to be grandfathered in.
I still think the Hawks oughta tell A&M that it'll be a cold day in hell before they EVER draft anyone from A&M. This is not a very good stunt for them to pull six days before the SB.
12th man, 12th man, 12th man...
So sue me.
A&M is hardly a Texas corporation, and the Seahawks had better not tell him to pound salt.
They can seek to have it removed to Federal Court and such a request would probably be granted, but venue is also proper in Texas district courts.
I'm inclined to disagree. The SeaHawks are not a "person" who is "subject to his jurisdiction".
And just how can a local judge issue a ruling that has to do with FEDERAL trademark law anyways?
He can't.
If you think you can only be sued in a state court where you live, you're quite mistaken.
This is a diversity of citizenship case, and as such, properly belongs in a Federal court.
It is also a federal law case, the judge DOES NOT have subject matter jurisdiction.
And I'm done arguing with you on the issue.
That's probably for the best since you've asserted an incorrect position.
Looks like a bunch of pissant 1-L students class project.
Actually the judge is a Steeler fan (we're everywhere) and is doing this just to distract the seahawks w/ a ridiculus and meaningless issue.
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