End-run around the USPTO
Do you know this statute?:
Power of court over registration
In any action involving a registered mark the court may determine the right to registration, order the cancelation of registrations, in whole or in part, restore canceled registrations, and otherwise rectify the register with respect to the registrations of any party to the action. Decrees and orders shall be certified by the court to the Director, who shall make appropriate entry upon the records of the Patent and Trademark Office, and shall be controlled thereby.15 U.S. Code §1119
As you can imagine, the power vested in a court by this law can only be used for good… or evil. And in this Second Circuit appeal of a matter in which our office was brought in after the entry of a judgment by the district court, we argue that it was not so good what the judge did.