December 05, 2006

John Spiegelberg, the owner of Red Raider Outfitters, recently filed a motion requesting that the District Court judge who decided the case in November remove or recuse himself from further involvement with the trademark infringement matter. Judge Sam Cummings of the United States District Court for the Northern District of Texas held last month that Spiegelberg infringed Texas Tech University’s “Wreck ‘Em Tech” and “Raiderland” marks, and awarded nearly $3 million in damages to the University. According to the KLBK-13 article (link below), Spiegelberg’s motion alleges that “Judge Cummings is a Texas Tech graduate and an avid Tech supporter,” and that he “receives free season passes and free parking passes to Tech football games.” In addition, the article states that Spiegelberg’s motion alleges that Judge Cummings “works out on campus” and that “Judge Cummings’ brother, James, is on the board of the Texas Tech Foundation, which controls millions of dollars that flow through the university.” This information was allegedly obtained from a private investigator hired by Spiegelberg to identify potential ties between Judge Cummings and Texas Tech. According to the Market Wire news article (link below), Judge Cummings has and continues to wish to be involved with Texas Tech legal matters. As of the time of this article, this motion, Spiegelberg’s motion for a new trial, and the oppositions filed against both of Spiegelberg’s trademark applications for the marks listed above have not been ruled upon by the respective courts or administrative offices.

Daily Dose of IP Article on the Original Decision: LINK
KLBK-13 (Lubbock, TX) News Article: LINK
Market Wire News Article: LINK

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Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

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