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Beverly Jackson v. Connecticut Department of Public Health, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 16-2282 · judgment October 17, 2017


Certiorari denied · March 26, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.

Question presented

Whether federal trademark law can preempt or abrogate state law that is interfering with, undermining the value of, and usurping the use of a federal Certification Mark, in this case the mark Doctor ofJedicine® owned by a professional association, by improperly identifying the Certification Mark with a different class of health professionals than the one approved by the commissioner of trademarks thereby diluting the mark in violation of 15 U.S.C. § 1125? Whether the State of Connecticut Department of Public Health, et al., can contest the incontestable Certification Mark in violation of 15 U.S.C. § 11065 by, attempting to regulate the practice of Nedicine® ultra vires Connecticut General Statute Chapter 370 § 20-9, which is intended to regulate only allopathic medicine; thereby interfering with the rights of a qualified person to employ the Certification Mark to practice within the scope practice of Nedicine®? Whether the State of Connecticut Department of Public Health, et al., in an effort to prohibit Petitioner from employing the Certification Mark to identify herself as a Doctor of Nedicine® violated the Dormant Commerce Clause, Article I, Section 8, Clause 3 of the United States Constitution; by improperly interfering with Petitioner's right under the Certification Mark to practice Natural Medicine in interstate commerce and to hold herself out as a licensed Doctor of Nedicine®?

Counsel of record

For petitioner
Beverly Jackson

For respondent
Walter Menjivar

Case

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Orders
Order list, March 26, 2018 · Certiorari denied
Order list, May 14, 2018 · Rehearing denied

Proceedings

  1. May 14 2018
    Rehearing DENIED.
  2. Apr 24 2018
    DISTRIBUTED for Conference of 5/10/2018.
  3. Apr 17 2018
    Petition for Rehearing filed.
  4. Mar 26 2018
    Petition DENIED.
  5. Mar 07 2018
    DISTRIBUTED for Conference of 3/23/2018.
  6. Feb 16 2018
    Waiver of right of respondents CT Dept. of Public Health, et al. to respond filed.
  7. Jan 15 2018
    Petition for a writ of certiorari filed. (Response due February 20, 2018)