Saturday, October 04, 2008

#28 - The TTAB Proceeding

Hi Gang! Just thought I would file a quick update on what is going on at the trademark authority and Jill's petition to cancel three of our trademarks.

First, you can read all of the pleadings in the public record here. I recommend you read for yourself. The first one and the last four or five are the most important.

We finally got the service issue ironed out. No more 'gotcha' filings from Ms. Koehler. However, my opponent is now onto a new litigation tactic.

She is filing ethics complaints against me with every organization she can think of. To date, the tally is 2 bar association complaints and one complaint with a federal agency that doesn't have any jurisdiction or authority over me or my legal license.

She wants to take the issues of the case out of court and litigate them in front of the ethics committee. Every complaint has to be investigated, so I met with the investigator yesterday.

The first complaint involves Ms. Koehler making complaints on behalf of Kirby Jonas, Robin Bone, Mike Kosowski, and apparently Jay Horowitz. The investigator took my side of the story and Jill will get to give her side. No problem, that's how it works. Approximately 6 months from now, the board will decide if there is sufficient probable cause to file charges on me. The complaint has no effect whatsoever on the civil cases. There is ample case law showing that the legal disciplinary authority is not a party in civil proceedings [except for those relating to disciplinary proceedings], cannot influence or affect cases in any way, and their decisions have no affect on the outcome of civil cases.

The second complaint is evidently a bale of paperwork showing what a fraud I am. Instead of waiting for discovery and the adjudicatory process, Ms. Koehler has submitted all of her 'evidence' to the bar association. Ms. Koehler evidently thinks the bar has never seen this tactic before. They will do their investigation, that is what they do, but not make any comment, recommendation, or anything in any way, shape or form that will affect the courts in any way. Ms. Koehler and her complaints will not win these lawsuits for her.

For the moment, Ms. Koehler has immunity to do as she pleases. The way it is set up, you can say anything you want about an attorney. If you can think it, you can complain about it. While a LOT is required to convict and sanction an attorney, very little is required to file a complaint. However, that immunity is not without limits and I will deal with it when the time comes. Again, there is very little new under the sun when it comes to the legal system. The courts have looked at this type of situation before.

So, ethics complaints as a litigation tactic is obviously just a way to attempt to distract and discredit me. I do admit, I had to give up some of my free time to research the issue before writing my documents. But, I love research, so its no big deal. I never file anything that is not thoroughly researched and supported by law to the best of my ability.

It doesn't change the fact that Jill, Mike, Robin, and now Jay Horowitz, have deadlines coming up in federal court and Jill has a deadline coming up in the TTAB.

Talk to you later and thanks to everyone for their support!



At 8:13 PM, Anonymous Terry(X) said...

It seems to me that the people causing all this drama are spending more time, money & energy than they would ever stand to gain. They probably could have created their own toy company by now. Just my humble opinion, lol.

Terry (X)

At 7:25 AM, Blogger Debra said...

Terri, Your flair for the English language is appreciated as usual, thanks for posting the public record, I always enjoy wading through and reading between the lines. Quality and honesty will persevere ! Deb H.

At 3:06 PM, Blogger Marc Gaynes said...

As we know the wheels of Justice turn very slowly, but ultimately they do grind rather finely. The public should know that every litigator eventually will have complaints filed against her/him. As a Prosecutor (for 20 years) I had two complaints filed against Defendants!! One, a notorious Slumlord, was declared by a very Senior Judge to be the "biggest liar I have ever confronted in 30 years of practicing Law." The other complainant was a very old lady whom I had to get Court Orders for the City of Chicago (my employer) to clean out her health hazard of a home. In her complaint she accused the Judge and myself of "co-habitating and conspiring to deprive her of her possessions" (The charge of co-habitation came as quite a surprise to the Judge's and my wives!). Nevertheless, I still had to take the time to respond and then wait for months for a determination by the State Bar that the complaint(s) was unfounded. As you write, anybody can accuse anybody else of wrong doing. That doesn't make it true.
Hang in there!

At 7:39 AM, Blogger Terri said...

Thank you Marc! It is always very uplifting to have the support of a fellow member of the bar. Terri


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