Potter v. Bren ( 2014 )


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  • Case: 14-1379   Document: 18     Page: 1   Filed: 05/06/2014
    NOTE: This order is nonprecedential.
    United States Court of Appeals
    for the Federal Circuit
    ______________________
    ISAAC A. POTTER, JR.,
    Plaintiff-Appellant,
    v.
    ROBERTA S. BREN AND OBLON SPIVAK,
    Defendants-Appellees,
    AND
    MICHELLE K. LEE, DEPUTY DIRECTOR, U.S.
    PATENT AND TRADEMARK OFFICE, AND LINDA
    M. KING,
    Defendants-Appellees.
    ______________________
    2014-1379
    ______________________
    Appeal from the United States District Court for the
    Eastern District of Virginia in No. 1:13-cv-01417-CMH-
    IDD, Senior Judge Claude M. Hilton.
    ______________________
    ON MOTION
    ______________________
    PER CURIAM.
    ORDER
    Case: 14-1379         Document: 18   Page: 2     Filed: 05/06/2014
    2                                   POTTER   v. BREN
    Appellees respond to this court’s March 31, 2014 show
    cause order. Isaac A. Potter, Jr. moves for entry of judg-
    ment, to disqualify appellees’ counsel, and for various
    other relief. Appellees respond.
    Mr. Potter filed his action in the United States Dis-
    trict Court for the Eastern District of Virginia, and it
    appears that his district court complaint challenges, at
    least in part, registration of the trademark KNIGHTS OF
    THE ZODIAC to registrant Toei Animation Co. Mr.
    Potter has previously filed an interlocutory appeal in the
    same case to the U.S. Court of Appeals for the Fourth
    Circuit. Mr. Potter’s current appeal appears to stem from
    the district court’s order granting certain defendants’
    motions to dismiss and directing Mr. Potter to file an
    amended complaint.
    This court is a court of limited jurisdiction. 28 U.S.C.
    § 1295. Upon review, we conclude that the district court’s
    jurisdiction did not arise in whole or in part under the
    laws specified in § 1295 as defining this court’s appellate
    jurisdiction. This court therefore lacks jurisdiction over
    this appeal. We deem it the better course to transfer the
    matter to the Fourth Circuit pursuant to 28 U.S.C.
    § 1631.
    Accordingly,
    IT IS ORDERED THAT:
    This appeal and all pending motions are transferred
    to the United States Court of Appeals for the Fourth
    Circuit pursuant to 28 U.S.C. § 1631.
    FOR THE COURT
    /s/ Daniel E. O’Toole
    Daniel E. O’Toole
    Clerk of Court
    s30
    

Document Info

Docket Number: 14-1379

Filed Date: 5/6/2014

Precedential Status: Non-Precedential

Modified Date: 4/18/2021