No. 21-1299

Nicholas D. Scoyni v. Daniel R. Salvador, et al.

Lower Court: Ninth Circuit
Docketed: 2022-03-29
Status: Denied
Type: Paid
Tags: constitutional-rights due-process intellectual-property judicial-recusal procedural-rules recuse service-mark service-marks takings-clause trademarks
Latest Conference: 2022-06-02
Question Presented (from Petition)

1. Does the district court have the right to adjudicate an intellectual property case without addressing parties' pleas, disregarding legal precedence of intellectual property law as to ownership, or type of mark mentioned in original complaint relief, or use in commerce to specifically, a Servicemark, not a Trademark as district judge assumed?

2. Did the district court violate this petitioner's constitutional rights by cancellation of petitioners registrations at state, and federal levels of service marks, and trademarks without proper due process of law, or takings clause consideration, and then redistribution of same property to defendants with unproven use and ownership rights of same defendants service business?

3. Does the district court have the right to deny a 28 U.S.C. § 144 motion to recuse the district judge without due cause, when the statute statement is that "each party has a right to one such action"?

4. Can the district court ignore a FRCP rule 55 (a) that was stamped received by the court prior to reply of defendants, and even without vacating the default request to clerk affidavit to enter default was received deny that default?

Question Presented (AI Summary)

Does the district court have the right to adjudicate an intellectual-property case without addressing parties' pleas, disregarding legal precedence of intellectual-property-law, ownership, service-mark, trademark, use-in-commerce

Docket Entries

2022-06-06
Petition DENIED.
2022-05-17
DISTRIBUTED for Conference of 6/2/2022.
2022-01-05
Petition for a writ of certiorari filed. (Response due April 28, 2022)

Attorneys

Nicholas D. Scoyni
Nicholas D. Scoyni — Petitioner