Sarah FackrellIt's fascinating to compare the reactions to the #BadSpaniels cert grant among trademark people & among everyone else. Most people I've heard from in the latter group are like: "Are you kidding me? How can THAT be a trademark problem?"
As a larger point, I think it's important for subject-matter experts not to ignore or discount the "are you kidding me?" factor in big cases.
It reminds me of seeing a certain #SCOTUS Justice roll his eyes during the oral arguments in Apple v. Samsung.
Many in the design patent crowd were SO convinced the Federal Circuit was right. But their statutory interpretation just sounded ridiculous to everyone else.
Chris Carlin@design_law
@design_law What do you mean by not ignoring the "are you kidding me" factor?
Do you mean experts should anticipate and avoid pitfalls, or that they should be prepared to explain compellingly, or something different entirely?
@crcarlin Yes, both of those things. And just, in general, thinking about how arguments will sound outside of their own echo chambers.