Posts Tagged ‘trademarks’

October 10 roundup

  • “Heisman Trophy People Sue HeismanWatch For Using Images Of The Trophy And Stating Its Name” [Timothy Geigner, TechDirt]
  • At elite law schools, the days when a centrist liberal like Elena Kagan could offer a welcome to Federalist Society types are fast drawing to a close, writes Reihan Salam [The Atlantic]
  • Being able to link to federal court cases and legal materials would be huge: legislation from Rep. Doug Collins (R-Ga.) “would require that the courts make PACER documents available for download free of charge” [Timothy Lee, ArsTechnica]
  • “UPDATE: Judge Rules Province Has No Duty to Recognize Bigfoot” [Kevin Underhill, Lowering the Bar, earlier]
  • First state with such a law: “California governor signs bill banning sale of animal-tested cosmetics” [John Bowden, The Hill]
  • North Carolina bar says lawyer “defrauded, deceived and embezzled funds from two mentally disabled clients who were declared innocent after spending 31 years in prison” [Joseph Neff, Marshall Project]

September 19 roundup

  • Paradox of Jones Act: by jacking up shipping costs from mainland, it can give goods made overseas artificial price advantage [Cato Daily Podcast with Colin Grabow] Trade wars are immensely destructive, hurting producers and consumers alike, and the latest is no exception [Reuters on China retaliation]
  • Joel Kotkin-Michael Greve exchange on localism at Liberty and Law [Kotkin, Greve]
  • Government demands for encrypted data pose threat to digital privacy [Erin Dunne, D.C. Examiner]
  • “New York’s transportation establishment will not reduce prices to world standards as long as it can demand quintuple the world standard and get away with it” [Connor Harris, City Journal]
  • “The Fair Housing Act prohibits ‘making, printing, or publishing’ any ‘notice, statement, or advertisement’ with respect to ‘the sale or rental of a dwelling’ that indicates any racial preference or discrimination. Does this mean that Ohio county recorders violate the law when they maintain property records that contain unenforceable, decades-old racially restrictive covenants? Sixth Circuit: No need to answer that question, because the plaintiff doesn’t have standing.” [John Kenneth Ross, IJ “Short Circuit”, on Mason v. Adams County Recorder]
  • Trademark-go-round: “Monster Energy Loses Trademark Opposition With Monsta Pizza In The UK” [Timothy Geigner, TechDirt] “Disney Gets Early Loss In Trademark, Copyright Suit Against Unlicensed Birthday Party Characters” [same] “Two Georgia Sausage Companies Battle Over Trademarked Logos That Aren’t Particularly Similar” [same]

“More Comic Conventions Change Their Names After Crazy SDCC Attorney’s Fees And Injunction Ruling”

Following a lawsuit for trademark infringement by the San Diego Comic Con against the Salt Lake Comic Con that resulted in a jury award of $20,000 — accompanied by a $4 million attorneys’ fee award and broad injunction — other comics conventions around the country are scrambling to change their names. [Timothy Geigner, TechDirt, more]

August 29 roundup

  • Astonishing investigation into feds’ “235 school shootings a year” statistic: “NPR reached out to every one of those schools repeatedly over the course of three months and found that more than two-thirds of these reported incidents never happened. …We were able to confirm just 11 reported incidents.” [Anya Kamenetz, Alexis Arnold, and Emily Cardinali, NPR]
  • Sentences that make you go back and read twice: “Mister Cookie Face lawyer Blake Hannafan also applauds the verdict and says 600 lb Gorillas ‘overreached.’” [AP/WHEC, Metro West Daily News on legal battle between Massachusetts dessert company and ice cream supplier]
  • “In-N-Out Burger sends pun-filled letter to beer maker to address ‘brewing’ trademark issue” [ABA Journal]
  • In Arkansas, socially conservative Family Council Action Committee enlists in the ranks against liability reform, and some less-than-charitable souls wonder whether $150,000 in donations from a Little Rock law firm might have had anything to do with that [Andrew DeMillo, AP]
  • AG Brian Frosh’s embarrassing SALT suit, religious adoption fight, Cardin’s red meat thrown to Left, union influence in Montgomery County, Baltimore water supply, and more Maryland stuff in my new Free State Notes roundup;
  • Federal court strikes down North Carolina’s U.S. House map as partisan gerrymandering, which could (or might not) lead to lively doings at the Supreme Court between now and Election Day [my new post at Cato]

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]