Opinion
2012-1084
01-31-2012
MINE O'MINE, INC., Plaintiff-Appellee, v. MICHAEL D. CALMESE, Defendant-Appellant, AND TRUE FAN LOGO, INC., Defendant.
The court considers whether this appeal should be transferred to the United States Court of Appeals for the Ninth Circuit.
NOTE: This order is nonprecedential.
Appeal from the United States District Court for the District of Nevada in case no. 10-CV-0043, Judge Kent J. Dawson.
ORDER
The court considers whether this appeal should be transferred to the United States Court of Appeals for the Ninth Circuit.
Michael D. Calmese appeals from a decision of the United States District Court for the District of Nevada granting final judgment in favor of Mine O'Mine, Inc. in this trademark infringement, unfair competition, and right of publicity case. Based only upon our review of the papers transmitted by the district court, it does not appear that the district court's jurisdiction arose in whole or in part under the patent laws. Thus, it appears that this court lacks jurisdiction. 28 U.S.C. § 1295.
Accordingly,
IT IS ORDERED THAT:
Absent a response received by this court within 21 days of the date of filing of this order, this appeal will be transferred to the United States Court of Appeals for the Ninth Circuit pursuant to 28 U.S.C. § 1631.
FOR THE COURT
Jan Horbaly
Clerk
cc: Michael J. McCue, Esq.
Michael D. Calmese
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