DueProcess Trademark Privacy JusticiabilityDoctri
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?
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? , | | | | |