Posts Tagged ‘trademarks’

August 8 roundup

  • North Carolina’s heartbalm law strikes again, as judge orders man who slept with married woman to pay jilted husband $8.8 million [Virginia Bridges, Raleigh News & Observer, more on homewrecker tort]
  • Cornell economist Rick Geddes explains the federal government’s postal monopoly [David Henderson]
  • Trademark swagger: “Chicago Poke Chain Sends C&D To Hawaiian Poke Joint Demanding It Not Be Named ‘Aloha Poke'” [Timothy Geigner, Techdirt] “Shipyard Brewing Loses Its Lawsuit Over Ships and The Word ‘Head'” [same]
  • “Man files lawsuit under False Claims Act against manufacturer of batteries for use in intercontinental ballistic missile launch controls, asks for $30 mil, settles for $1.7 mil. What follows is—in the trial court’s words—a “hellish” dispute over the man’s attorneys’ fees. Third Circuit: We feel you; the order reducing requested fees is affirmed in almost every respect.” [John K. Ross, Short Circuit, on U.S. ex rel. Palmer v. C&D Technologies]
  • Using the law to suppress one’s competition: New York Taxi Workers Alliance cheers City Council’s move to cap Uber and ridesharing [Reuters] It’s totally normal and not at all suspicious that the city council president who wants tougher enforcement against Airbnb is also president of the state’s hotel lobby [Eric Boehm, Reason; Biloxi, Mississippi]
  • For those still keeping score, it’s improper and prejudicial for the head of the nation’s law enforcement apparatus to declaim publicly against a criminal trial in progress, whether or not the defendant happens to be his own campaign manager [David Post, Volokh; April Post and podcast on inapplicable “fruit of the poisonous tree” claim]

July 18 roundup

June 6 roundup

  • “Prosecutors say use of condoms manufactured outside state made sex crime a federal offense” [ABA Journal]
  • Philadelphia family court judge, much criticized in course of appellate review, now subject of probe by state Judicial Conduct Board [Samantha Melamed, Philly.com]
  • Check out illustration: would you be likely to confuse cartoon beaver with cartoon alligator? Texas jury in trademark dispute thinks you would [Lowering the Bar]
  • Panels at Federalist Society’s annual Executive Branch Review Conference tackle disparate impact, litigation and regulatory reform, and civil service reform, including participants like Gail Heriot, Roger Clegg, Stuart Taylor, Jr, and Philip K. Howard;
  • British restrictions on trial reporting wrongly infringe on liberty of press, but at core of Tommy Robinson affair is old-fashioned contempt of court [Daniel Hannan, Washington Examiner]
  • Animal Legal Defense Fund argues animals should have standing to sue persons who abuse them, opening many new employment opportunities for lawyers at places like ALDF [KATU; related, recent Ninth Circuit monkey-selfie ruling]

“Play-Doh Smell Trademarked”

Paradoxically or otherwise, makers of products like perfume cannot trademark their scents, because the fragrance needs to be “nonfunctional.” The Play-Doh scent is “one of only about a dozen scent trademarks that the [U.S. Patent and Trademark Office] has recognized to date, including Verizon’s ‘flowery musk’ store scent, the bubble-gum smell of Grendene jelly sandals, and the scent of strawberries with which Lactona toothbrushes are ‘impregnated.'” [Lowering the Bar]

April 19 roundup

  • “Crash survivor sues publisher, claims he was exploited by book’s false claim of visit to heaven” [Debra Cassens Weiss, ABA Journal on William Alexander “Alex” Malarkey claim against Tyndale House Publishers] More: Lowering the Bar;
  • Attorney-client privilege and the raid on Trump lawyer Michael Cohen: my Saturday chat with Yuripzy Morgan of Baltimore’s WBAL radio [listen] On the same general subject, Clark Neily chats with Caleb Brown for the Cato Daily Podcast, and Ken at Popehat has a Stormy Daniels/Michael Cohen civil litigation lawsplainer;
  • “While there were many problems with the $1.3 trillion omnibus spending bill, one thing the Republican-led Congress got absolutely right was defunding Affirmatively Furthering Fair Housing” [Robert Romano, Daily Torch, earlier on AFFH]
  • “The nearest Macy’s department store is several thousand miles away” but a small hair salon in Scotland will need to change its similar name or face lawyers’ wrath [Timothy Geigner, TechDirt]
  • Facebook sued for allegedly allowing housing discrimination by way of ad targeting [autoplays] [Seth Fiegerman, CNN Money]
  • Beverage equivalent of clear backpacks: South Carolina bill would make it a crime to let teenagers consume energy drinks [Jacob Sullum]

March 28 roundup

Uneeda Biscuit vs. Iwanta Biscuit

— From a series of illustrations and photographs used as evidence in litigation, part of an exhibition (“Law’s Picture Books”) at NYC’s Grolier Club of more than 140 items from the Yale Law Library’s collection of images and writings on legal themes. The case of the rival cookie boxes resulted in a court’s finding in 1899 that the National Biscuit Co., maker of Uneeda, was entitled to an injunction.

January 10 roundup