Warbil: Depending upon the CCA finding on our waiver arguments, the case might just end and Judge Batt's won't have anything left to decide. I think we all agree that something must be done to stop these assaults on our legal system by NOK but I seriously doubt any court will buy your last statement.
warbil: I was waiting for one of our lawyers to respond before commenting.
In the CCAs decisions that I have read, if the case is remanded to the district court judge to take further action, the decision usually gives guidance on what actions should be taken. IMO if the Second Circuit agrees with IDCC arguments that the injunction should not have been issued, it would be pretty hard for Judge Batts to come up with another order affirming her original decision.
Here is an example of the action taken by the Second Circuit, on an appeal from a district Court's decision denying a request for a preliminary injunction in a trademark infringement case.
CONCLUSION 4 For the foregoing reasons, we affirm in part, and vacate and 5 remand in part, the order of the district court. On remand, it 6 should consider the precise trademark claimed by the plaintiff 7 and whether, under market conditions and when viewed 8 sequentially, Vuitton can prove likelihood of confusion between 9 its Multicolore mark and the pattern of Dooney & Bourke's It-Bag.
(PS: It is an interesting case for women who interests include fashion handbags)
I understand what you are saying but for some odd reason, I don't think IDCC will win their case based on the past record in the SDNY. Even if IDCC wins the appeal, it will only go back to Batts. Do you have any confidence in anything she would do? I sure don't.
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