Cert Petition in In re Shinnecock Smokeshop

So much Shinnecock news lately … In re Shinnecock Smokeshop Cert Petition

An excerpt:

The TTAB affirmed the EA’s refusal to register Petitioner’s marks on different grounds than that relied upon by the EA in the Final Office Action. The Federal Circuit affirmed. Petitioner showed below that his Tribe is obviously not a “Person” or “Institution,” and a refusal to register under Section 2(a) of the Trademark Act, under either ground was error. Further, Petitioner presented a documented prima faciecase of discriminatory pattern of practice of the USPTO in previously, and even presently, granting trademark registrations to non-Native Americans with similarly situated marks.