Professional Documents
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F77FKNEA
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Plaintiff,
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v.
JASON KNEEN,
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15 CV 4941 (LAK)
Defendant.
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New York, N.Y.
July 7, 2011
11:00 a.m.
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Before:
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F77FKNEA
(Case called)
Kneen.
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Yes.
the plaintiff.
MS. BERNSTEIN:
is Karen Bernstein.
Kneen.
My name
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THE COURT:
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MS. BERNSTEIN:
Is he arguing?
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motion.
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certification.
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THE COURT:
MR. BERRYHILL:
a JD.
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THE COURT:
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MR. BOSTANY:
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You
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F77FKNEA
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THE COURT:
MR. BERRYHILL:
THE COURT:
Okay.
lectern, please.
MR. BOSTANY:
very serious case but a very interesting legal issue, that has
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Circuit.
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THE COURT:
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is that I do not understand for the life of me how you have any
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could go on.
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And I
MR. BOSTANY:
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then.
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THE COURT:
Is
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F77FKNEA
MR. BOSTANY:
that, I was a little bit upset that I didn't start with that.
THE COURT:
MR. BOSTANY:
But I don't --
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the Cello case and those are the only cases that I find that
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THE COURT:
businessman?
MR. BOSTANY:
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that the Dodgers won the 1959 World Series, but that doesn't
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MR. BOSTANY:
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business.
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F77FKNEA
THE COURT:
MR. BOSTANY:
And I
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THE COURT:
MR. BOSTANY:
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THE COURT:
MR. BOSTANY:
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THE COURT:
Today?
I think so.
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MR. BOSTANY:
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companies.
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Beyond.
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jurisdiction?
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THE COURT:
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MR. BOSTANY:
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THE COURT:
You're relying on
Yes, sir.
It says even if you meet all the other
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F77FKNEA
statute.
MR. BOSTANY:
the statute under .ii requires that the acts of the defendant
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THE COURT:
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MR. BOSTANY:
Well, okay.
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THE COURT:
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defendant that your client was in New York and not in Chechnya?
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Anything in there?
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MR. BOSTANY:
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THE COURT:
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is?
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MR. BOSTANY:
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THE COURT:
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No.
Whether somebody who went on LinkedIn and
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F77FKNEA
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Nothing; right?
Nothing.
be talking to you about things that are not in the record and I
THE COURT:
MR. BOSTANY:
THE COURT:
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Right.
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THE COURT:
You said
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MR. BOSTANY:
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F77FKNEA
before you, Judge Kaplan, and you let me file it again here.
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THE COURT:
Washington State.
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MR. BOSTANY:
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THE COURT:
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a do-over.
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MR. BOSTANY:
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THE COURT:
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MR. BOSTANY:
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aspects of it.
Could I get to --
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THE COURT:
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MR. BOSTANY:
Sure.
By all means.
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irreparable injury.
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F77FKNEA
THE COURT:
MR. BOSTANY:
THE COURT:
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disputes it.
Sure he is.
He argues in his papers he's not -Sure there is.
There's an issue.
He
MR. BOSTANY:
for resale.
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THE COURT:
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MR. BOSTANY:
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THE COURT:
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MR. BOSTANY:
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THE COURT:
It's
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MR. BOSTANY:
16 years.
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longer offer the domain for sale in any manner that could
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extremely intelligent.
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F77FKNEA
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THE COURT:
Right.
the -- in his mind he's doing exactly what he's getting you to
Who knows?
Not $500,
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THE COURT:
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MR. BOSTANY:
What
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any amount that you would take and he didn't reply to that.
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THE COURT:
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MR. BOSTANY:
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THE COURT:
I read it.
That was in May 2015.
And that's a good faith attempt to profit
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buy this domain name and the response of the man who supposedly
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not interested.
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MR. BOSTANY:
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F77FKNEA
to wait it out.
this name.
offering him $500 no, and not responding, "I see other people
other reason.
There is no
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to do and what other judges have said in, not a case on all
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fours, I'm not saying that the Judge Holwell case is a case on
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statements that are in the record that the defendant has said
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This is
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extremely sharp.
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that if you look at this and you say, okay, you're warehousing
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over a hundred domain names, you have them on your website for
I think
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that's using this name, it's not hard for me to connect the
dots and say that you obviously are looking to profit by these
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THE COURT:
MR. BOSTANY:
1999.
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THE COURT:
Thank you.
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MR. BOSTANY:
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THE COURT:
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MR. BERRYHILL:
Anything else?
Mr. Berryhill?
Dr. Berryhill?
I'd like to
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thing that was served was the TRO and this application.
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The only
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Court?
With the
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F77FKNEA
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THE COURT:
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MR. BERRYHILL:
way.
MR. BERRYHILL:
No.
respecting the domain name they are required to lock the domain
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practical matter.
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THE COURT:
The
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MR. BERRYHILL:
If it
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found liable.
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The
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discussion of warehousing.
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in the statute.
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unlawful.
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application developer --
THE COURT:
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MR. BERRYHILL:
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They
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to dot com and it's a truism that all the good ones are taken.
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there.
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little far-fetched.
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The ACPA
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is located.
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It's conducted by
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THE COURT:
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MR. BOSTANY:
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any way that we'd like to withdraw this motion and I would like
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you, Dr. Berryhill, I've spoken to you before and I have good
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misrepresenting.
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I believe
THE COURT:
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F77FKNEA
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software which are among the things he develops but might not
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card number and the registrar charges the fee to Mr. Kneen's
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10 at page 5.
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phrase.
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domain names.
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this, that Mr. Kneen has a hundred domain names listed as being
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He says,
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to purchase domain names he has sold only two, one in 2004 and
the parties.
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Mr. Kneen responded, May 14, 2013, the salient part of the
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Mr. Mehta
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too high.
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On
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He
The plaintiff
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He there
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mark Work Better and was using or was of that date using the
mark.
day.
Mr. Kneen has a bad faith intent to profit from the defendant's
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almost twenty years ago and that he has a bad faith intention
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State.
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action.
well-established.
circuit.
Once
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Perhaps for that reason the plaintiff doesn't even address the
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issue.
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That's a mistake.
In Salinger v. Coulting, 607 F.3d 68 at pages 18 to
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82, the Second Circuit made clear that the Supreme Court's
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issued.
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F77FKNEA
That rests on
injury.
argument.
Not that I
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Nor is
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jurisdiction.
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The plaintiff
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F77FKNEA
CPLR.
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identified to him.
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inhospitable clime.
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commerce.
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There is no evidence
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F77FKNEA
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He
There is in my
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registration.
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entirely so.
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There's
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it, that there's any real goodwill associated with the mark,
The
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see any.
And I
The first
Well, I don't
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name of Mr. Kneen, that's for sure, but he has been using it
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and it doesn't really cut very strongly one way or the other.
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services.
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the plaintiff.
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site accessible under the domain name that could harm the
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At
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any third party for financial gain without having used the
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that Mr. Kneen has marks listed on his website as being for
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sale.
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It appears
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happened.
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None at all.
No suggestion that
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No evidence that
Indeed, I
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there are good cybersquatting cases and there are bad ones.
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I find no likelihood of
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relief.
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who quite obviously just went out and registered a mark that he
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The public
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F77FKNEA
immediately.
something.
(Adjourned)
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