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Paul Lesko Profile picture
@Paul_Lesko
May 11 • 4 tweets • 1 min read Twitter logo Read on Twitter
So. Um. Yeah.

A not so busy week in #TheHobby litigation. Image
Yup. Just like the waiting. Image
Thankfully there’s been a lot of yard work
Just realized, worst case scenario, we should have something fun happening in 13 days

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More from @Paul_Lesko

Paul Lesko Profile picture
May 12
We have two updates on the BangBros litigation!

First up...the case against BangBros has been dismissed...I know, I know...don't cry. BUT, BangBros was the wrong party.

Second up - WE HAVE A NEW LAWSUIT AS PANINI SUED RYAN J. CARTER AS THE ALLEGED INDIVIDUAL BEHIND THE CARDS ImageImage
Should we do a live read of the new complaint?

SURE!
Oh, and Happy Friday to all those who observe Fridays!
Read 19 tweets
Paul Lesko Profile picture
May 11
Quick update in Panini's fight to try and get a TM registration for CERTIFIED!

As you will recall, I said this was a dumb trademark filing...and the Trademark Office (so far) thinks so too as it's been rejected, and Panini is now on appeal.

Well...

...in its appeal brief Panini argues that it should get a CERTIFIED reg. because #TheHobby uses "certified" to mean a certification process has been gone through...whereas Panini's CERTIFIED cards "do not undergo a certification process before they are purchased by the consumer." Image
Talk about an argument only a lawyer would love.

"YOU SEE ALL THOSE OTHER CERTIFIED AND CERTIFIATIONS OUT THERE IN #THEHOBBY? YEAH...THOSE MEAN THE CARDS ARE LIKE LEGIT...OUR CARDS DON'T GO THROUGH THAT. SO WE SAY 'CERTIFIED' BUT WE AIN'T LIKE CERTIFIABLY LEGIT."
Read 10 tweets
Paul Lesko Profile picture
Mar 2
The legal battle over the Lebron RPA card that began as a defamation case against Card Porn has expanded! A new lawsuit was filed by the Spiegels (the owners of the card), this time against Goldin Auctions and Ken Goldin. Image
But before we get into the new Spiegel v. Goldin lawsuit, if you'd like a reminder about the Card Porn suit, here ya go:

As you may recall, the original lawsuit was based on Card Porn's alleged disparagement of the Lebron RPA card. At that time, the card was up for auction at Goldin, BUT, due to Card Porn's comments, the auction was allegedly stopped.

And that's the general basis of this lawsuit.
Read 22 tweets
Paul Lesko Profile picture
Feb 28
In #TheHobby trademark news...um...I'm going to need some help here.

Topps filed notice that it MIGHT file an opposition against the below trademark.

Anyone have an idea as to which of Topps' marks it thinks this might be too close to?
If it helps, the mark is owned by Insight 2 Design and basically covers batteries, flashlights, backpacks, furniture, drinkware, hammocks, towels and clothes.
At this time, Topps does not have to identify the mark(s) it is concerned about; it only needs to do that once/if an opposition is filed. And if that happens, it'll be March 25, 2023.

So...good luck figuring this one out!
Read 5 tweets
Paul Lesko Profile picture
Feb 28
In #TheHobby trademark news, three of Topps' trademark applications were abandoned by the Trademark Office. The abandoned marks are TURN BACK THE CLOCK, PRO DEBUT and ROAD TO KICKOFF. ImageImageImage
Why did these marks become abandoned? Well, because it appears Topps did not respond to the Trademark Office within the required time period. ImageImageImage
So, was this on purpose by Topps? Or a mistake?

I'm leaning on the side of mistake because Topps released TURN BACK THE CLOCK and PRO DEBUT products in 2022...unless it plans on dropping these product lines.
Read 4 tweets
Paul Lesko Profile picture
Jan 5
Silly personal announcement - during the COVID lockdown, I got to spend a lot more time with my family than practicing law normally allows. That time was great for our family, especially with our high-school-aged boys...who for some reason still like my wife and me. So...
...given it's getting close to the time when our boys are going to fly the coop, we've decided that I'm going to take some time away from practicing law to enjoy the family before everything changes.
I'll still be online tweeting on cases, but I'm really looking forward to some time off...and not checking my phone every five minutes for updates on cases.
Read 5 tweets

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