No. 22-198

Ayse Sen v. Amazon.com, Inc.

Lower Court: Ninth Circuit
Docketed: 2022-09-02
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure commercial-exploitation due-process exclusion-right exclusive-use lanham-act property-rights trademark-rights
Key Terms:
DueProcess Trademark Privacy JusticiabilityDoctri
Latest Conference: 2022-10-14
Question Presented (AI Summary)

Does Amazon.com, Inc. or any other third parties have the right to commercially exploit and appropriate goodwill of Ayse Sen's Baiden Trademark without her consent?

Question Presented (from Petition)

QUESTIONS PRESENTED 15 US.C.A. § 1115(a) provides that the certificate of a registered mark shall be "prima facie" evidence of the right of exclusive use and 15 U.S.C.A. . | § 1115(b) provides that if the mark has become incontestable, see 15 U.S.C.A. § 1065, the certificate shall be "conclusive" evidence of the right. That there are certain natural rights of which men, when they form a social compact, cannot deprive or divest their posterity, among which are the enjoyment of life, and . liberty, with the means of acquiring, possessing, and protecting property, and pursuing and obtaining happiness and safety Declaration of Rights US Constitution. "The right to exclude [is] universally | held to be a fundamental element of the property . li | | | | right." See Kaiser Aetna v. United States, 444 US. 164, 178-80 (1979). . 1) Under the US Constitutional property rights and Lanham Act provisions to “exclusive use’, . does Amazon.com, Inc or any other third parties have . the right commercially exploit and appropriate goodwill of Ayse Sen’s Baiden Trademark (“Baiden Mark”) without her consent? 2) District Court dismissed Sen’s two cases regarding the same repeating violations including : continual new violations. Should Sen be denied Due Process instead of the dispute being fully and completely litigated before the jury? , | | | | |

Docket Entries

2022-10-17
Petition DENIED.
2022-09-28
DISTRIBUTED for Conference of 10/14/2022.
2022-09-16
Waiver of right of respondent Amazon.com, Inc. to respond filed.
2022-08-29
2022-06-29
Application (21A870) granted by Justice Kagan extending the time to file until August 27, 2022.
2022-06-24
Application (21A870) to extend the time to file a petition for a writ of certiorari from June 28, 2022 to August 27, 2022, submitted to Justice Kagan.

Attorneys

Amazon.com, Inc.
Gregory L. DollDoll Amir & Eley LLP, Respondent
Gregory L. DollDoll Amir & Eley LLP, Respondent
Ayse Sen
Ayse Sen — Petitioner
Ayse Sen — Petitioner