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

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-35123 · judgment October 28, 2021


Certiorari denied · June 6, 2022
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  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?

Counsel of record

For petitioner
Nicholas D. Scoyni

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 06 2022
    Petition DENIED.
  2. May 17 2022
    DISTRIBUTED for Conference of 6/2/2022.
  3. Jan 05 2022
    Petition for a writ of certiorari filed. (Response due April 28, 2022)