Under a proposed bill in the New York legislature, the owners of (say) Marilyn Monroe’s estate would be entitled to prevent the use of her persona in advertising for many years to come. [Trademark Blog]
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Posts by author:
Walter Olson
The WSJ Law Blog interviews the well-known author (The Death of Common Sense, The Collapse of the Common Good), Covington & Burling lawyer, and founder of Common Good. I praised the hardcover edition last year.
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Arizona vs. Florida eateries: “Two US restaurants are battling in court over who originated the medical disaster theme of serving food unhealthy enough to put diners in hospital.” [Telegraph, SlashFood]
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- Cleverer approach NFL might have taken in “Who Dat” affair [Schwimmer, HuffPo, earlier here, here, etc.]
- Justice Anthony Kennedy: influence of unionized prison guards in passing California’s three-strikes law “sick” [LA Times]
- Federal prosecutors going after poster designer Shepard Fairey for untruth in civil lawsuit? How strange is that? [Kennerly]
- Plaintiff in complaint against Mark Steyn before Canadian rights tribunal boasted of having “increase[d] the cost of publishing anti-Islamic material” [NRO "Corner"; earlier here, here, here, etc.]
- Federal jury rejects wrongful birth suit against Elkton, Maryland obstetrician [Miller, more on wrongful birth]
- Forced-reincarnation suit against Oprah Winfrey dismissed, George W. and Laura Bush off hook too [WV Record]
- “How to Report the News”: funny plug-and-use TV reporting template [YouTube/Charlie Brooker, Newswipe, UK]
- “Virginia Legislators Kill Bills to Mandate Child Support for Adult College Students” [Hans Bader/CEI "Open Market", earlier here and here]
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Those grainy explosions and cars hurtling through the air look awfully familiar, as if they’ve appeared in other law firms’ footage. At any rate, this Berger & Green ad from Pittsburgh is getting attention via a link on BoingBoing.
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It seems while reducing bicycle fatalities, the laws also significantly reduce bicycle use. It’s not clear to what extent kids may be shifting to other risky (or riskier) activities like skateboarding, and to what extent they may simply be becoming more sedentary as a consequence.
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“No actual kookaburras could be reached for comment, as they were too busy engaging in howls of derisive laughter at these litigious humans.” [George Wallace, A Fool in the Forest, earlier]
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- Wronged wife loses suit under California “Drug Dealer Liability Act” (DDLA) against mistress who supplied crack cocaine to husband [OnPoint News]
- “D.C. Circuit to Former Judge in Pants Lawsuit: Follow the Rules” [NLJ, more, earlier]
- “Law firm demands retailer destroy all copies of Olivia Munn comic, retailer refuses” [BoingBoing, HeavyInk, earlier on TJIC]
- Can’t find jury for tobacco trial: “Lawyers excused a woman who said people have no right to sue over diseases that are disclosed on the warning label of a package.” [Russell Jackson, Chamber-backed W.V. Record]
- Despite widespread misconception to the contrary, editing comments generally does not open blogger to liability over what remains [Citizen Media Law]
- To heck with HIPAA, introduce your patients to each other if you think they’ll get along [Musings of a Dinosaur]
- Devoted daughter vs. RSPCA: epic will contest in Britain over family farm bequest [Times Online]
- Woman found guilty after planting dead rat in meal at upscale restaurant [Appleton Post-Crescent via Lowering the Bar and Obscure Store]
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They’re invoking laws against wiretapping, which you might naively think were passed to protect the people from the authorities, not vice versa, [Boston Globe/Daniel Rowinski, New England Center for Investigative Reporting; Radley Balko, Reason "Hit and Run"] Now lawyer Simon Glik, who was arrested for recording an arrest, is suing three cops and the city [NLJ]
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Mike Hipple took photos of Dance Steps on Broadway, a public art installation on sidewalks in Seattle’s Capitol Hill neighborhood. The photos earned him $60 and now a lawsuit from sculptor Jack Mackie. [KOMO]
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From western Michigan: “Saugatuck Township asks voters to approve new tax to fight lawsuits seeking lower property taxes” [Grand Rapids Press]
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An Australian judge has ruled that a flute riff in Men at Work’s “Down Under” wrongfully used the most famous nursery tune associated with Australia, “Kookaburra Sits in the Old Gum Tree,” which turns out to be a composition from 1932 still under copyright. [Carton/Legal Blog Watch, Fountain]
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I’ve got a few things to say about this lawless development at Point of Law.
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As part of a class action settlement agreeing to offer more same-sex date matching, eHarmony has allotted $500,000 to persons who can show they were harmed by its failure to offer it before. [San Francisco Chronicle, earlier]
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TTABlog reports on the oldest pending case before the Trademark Trial and Appeal Board.
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These are the last few days to visit the oddball eating establishment before it moves to more conventional and less cramped quarters precipitated by an ADA lawsuit [Sacramento Bee]
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Russ Bensing reports on the Ohio criminal-law scene.
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