Percipient Witness Search

Declarations Sought

What is a percipient witness? This is a fancy legal way of saying 'eyewitness'. Who are the 'flag ladies' and 'flag guys' we are searching for? Each of the individuals named in this list, were named in newspaper articles. This list of newspaper articles is listed here. What were these individuals described in connection with? Each of these individuals were mentioned in connection with US flag distribution in local neighborhoods in connection with a patriotic holiday or event such as Memorial Day, or the 4th of July. Here is a sample When? Pre-1994 and especially pre-1989. Why are we looking for these witnesses? We must oppose a Motion in Federal Court. This Motion for Summary Judgment on Plaintiff's Claims for Trademark Infringement. is a 'final judgment' request. What is the core issue in the Motion? The core issue in the Motion for Summary Judgment: is the term 'farming flag' generic, hence un-trademarkable? If it is generic, then the trademark rights the government office (United States Patent and Trademark Office) granted, are unenforceable. Defendant argues that 'farming flag' is a generic term, in the minds of the residential real estate brokerage community. PURPOSE: If you, or someone you know, used US flags in connection with a patriotic date, and that person is also a real estate professional, we are seeking 'Declarations". This is a sworn statement that we can include in our Opposition to the Motion.