Posts Tagged ‘trademarks’

Supreme Court and constitutional law roundup

  • Supreme Court grants certiorari (as Cato had urged) in Friedrichs v. California Teachers Association, on First Amendment rights of individual public employees against unions, potentially major sequel to Harris v. Quinn (our coverage) and Knox v. SEIU (our coverage). More: Jason Bedrick, Cato;
  • More First Amendment: On same day, high court says Texas can turn down Confederate-flag license plates but that town of Gilbert, Ariz. impermissibly took content into account in regulating roadside signs [Lyle Denniston; Eugene Volokh on Gilbert and earlier, and on license plates] Ilya Shapiro has a wrap-up of other end-of-term cases;
  • Paging judicial-independence buffs: study finds Obama stands out for aggressive comments on pending SCOTUS cases [W$J via Jonathan Adler]
  • Abercrombie v. EEOC followup (earlier): If Thomas’s dissent has the courage of its convictions, maybe it’s because he was longest-serving chairman in EEOC history [Tamara Tabo] “SCOTUS requires employers to stereotype in ruling for EEOC in hijab-accommodation case” [Jon Hyman] Yes, employers can still have dress codes, but read on for the caveat [Daniel Schwartz]
  • “Illinois Uses Racial Preferences for No Good Reason,” Seventh Circuit take note [Ilya Shapiro and Julio Colomba, Cato]
  • Feds can refuse to register a “disparaging” trademark. Consistent with the First Amendment? [Shapiro, Cato]
  • More from Ilya Somin on anniversary of eminent domain Kelo v. New London decision [one, two, more]

Free speech roundup

Likelihood of Moose confusion?

Outdoorsy Lake George, N.Y., has several local businesses with moose-related names. So “when John Carr, the owner of the local Adirondack Pub & Brewery, wanted to come up with a fun name several years ago for his home-crafted root beer, he settled on — what else? — Moose Wizz.” When he tried to register the name as a trademark, however, he drew a lawsuit from Canadian brewer Moosehead, which says the soft drink’s name and label of a grinning cartoon-like moose creates likelihood of confusion. [National Post]

Free speech roundup

  • Operator of consumer-gripe sites repels subpoena seeking identity of disgruntled consumer posters [Paul Alan Levy]
  • “ACLU: Cancellation of Redskins Trademark Was Unconstitutional” [WSJ Law Blog]
  • Islamists’ targeting of writers and intellectuals in the West for murder is happening rather too often to count as random noise [Eugene Volokh, case of Tennessee professor] American secularist blogger hacked to death in Bangladesh [Guardian]
  • “Philadelphia is the latest locale to insist that photographing police performing their jobs is a crime”; Third Circuit asked to consider First Amendment’s application [Reason]
  • Lawyers for British member of Parliament George Galloway demand £5,000 each from Twitter users over disparaging retweets [Popehat, Independent]
  • With net neutrality done, is it OK yet to talk about how far Left Robert McChesney and the grossly misnamed organization Free Press are? [John Fund, earlier]
  • Ohio judge goes wild against citizen who privately criticized him [Ken at Popehat, more, Jonathan Adler]

College trademark dispute ends peacefully

Both Oklahoma State University and New Mexico State University use a version of “Pistol Pete” as a mascot. OSU found that although NMSU had agreed to use a variant, some items sold in connection with its school continued to use the version infringing on OSU’s. Suit was filed, but rather than expensively shooting it out in court, the two have now agreed to let a token fee cover a small leeway for infringement, and leave it at that. [Trademarkologist]

Food and beverage roundup