IP lawyers for the University of Texas are busy creatures, according to Eric Johnson:
A couple years ago, they sued an outfit making t-shirts, sold to fans of rival Texas A&M, that depicted a broken Longhorns logo with the taunt, “Saw ‘em off.” (Fellow UT alum Siva Vaidhyanathan’s take is here.)
And I remember when I was going to school at UT, in the early 1990s, the university was hassling local business with “Longhorn” in their names. Since then, UT has been very aggressive about trademark issues.
Yet all this activity has not really been as much of a profit center as you might think: the cost of running the IP program, Johnson calculates, may eat up something on the order of half the $800,000 in annual royalties brought in (via Ron Coleman).
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colleges and universities,
Texas,
trademarks
“Two organizations representing the blind have settled a discrimination lawsuit against Arizona State University over its use of Amazon’s Kindle e-reader device. … The university, which denies the pilot program violates any law, agreed that if it does decide to use e-book readers in future classes over the next two years, ‘it will strive to use devices that are accessible to the blind,’ according to their joint statement.” [AP/ABC News; earlier] Related: Berin Szoka, “An Internet for everyone” [L.A. Times/City Journal]
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Arizona,
colleges and universities,
disability & schools,
disabled rights,
publishers,
web accessibility
- Already-infamous Coakley-for-Senate rape-ad mailer: did they really line up all those photo permissions? [Lopez, NRO] Earlier on photo-permissions legal exposures here, here, here, here, here, here, here, etc.
- “Maricopa County Attorney Andrew Peyton Thomas: Blame the Libertarians!” [Balko, earlier]
- Georgetown lawprof Robin West takes such a rude tone with homeschoolers, it’s enough to make you wonder who brought her up [Common Room, Izzy Lyman/Big Journalism, "The Harms of Homeschooling" (PDF)] Parents charged with child endangerment for homeschooling their kids without submitting lesson plans [Albany Times-Union]
- Videogames and the ADA: “Sony Launches Defense to Gamer’s Equal Access Suit” [OnPoint News, earlier]
- Regulations may spell end for independent New England fishermen [AP/MSNBC, earlier]
- Veteran California pol Willie Brown criticizes civil service entrenchment [Kaus] Government employment has its privileges [Stuart Greenhut, Reason]
- New Jersey appeals court reverses $260K award over student’s fatal window fall at Fairleigh Dickinson U. [Star-Ledger]
- Georgia federal judge orders plaintiff to pay $268K costs of discovery for stretching patent claims [Fulton County Daily Report]
Tagged as:
art and artists,
civil service,
colleges and universities,
disabled rights,
discovery,
loser pays,
Massachusetts,
patent litigation,
Phoenix,
schools,
videogames,
web accessibility
“A jury has awarded about $41,000 in damages to a homeless man who was shot by an Oregon State University fraternity member in 2006.” The Association of Alpha Beta Chapter of Alpha Gamma Rho had expelled the member after his arrest for the .22 caliber rifle shooting, but witnesses said members had been known to fire BB-gun shots from the fraternity’s windows in the past. A lawyer unsuccessfully sought punitive damages on the theory that the fraternity had tolerated “animosity against the homeless”. [AP/OregonLive]
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colleges and universities,
guns,
Oregon
- Annals of discrimination lawsuits: a Tennessee cop contests his firing [Chattanooga Pulse]
- New book on lawsuits against universities: Amy Gajda, “The Trials of Academe: The New Era of Campus Litigation” [Harvard University Press via Stanley Fish, NYT]
- Bernard Kerik’s bail revoked because he used Twitter to promote a website put up by his friends flaying the prosecution? [Scott Greenfield] Plus: More complicated than that, says Bill Poser in comments;
- Another big setback for birther litigation [Wasserman/ Prawfsblawg, Little Green Footballs, earlier]
- “I won’t be able to function,” says Missouri woman after judge rules her monkey is not a service animal [On Point News, Molly DiBianca] More: service ferret gets owner kicked out of North Carolina mall [DigTriad]
- Eleventh Circuit agrees that U.S. cannot prosecute criminal defense lawyer Ben Kuehne for money laundering charges for having written opinion letter saying untainted money was available for legal fees [WSJ Law Blog, coverage (and update) at Scott Greenfield's site, Miami Herald]
- One for the Coase Theorem literature? Cranky neighbor forces closure of famed South Carolina recording venue [Ribstein]
- Hallowe’en is safe [BoingBoing, earlier on Pennsylvania town's trick-or-treating ban] “Toronto schools: Hallowe’en insensitive to witches” [four years ago on Overlawyered]
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Barack Obama,
child protection,
colleges and universities,
defense lawyers,
Missouri,
music and musicians,
police,
prosecution,
service animals,
South Carolina,
Tennessee
- Liability protection for doctors, premised on “best-practices” medicine: a proposal to address the federalism difficulties [Bernstein/MacCourt, MI Center for Medical Progress, PoL]
- Fraud in immigration law victimizes both U.S. and aspiring immigrants [NYT]
- Paralyzed while tackling opponent, high school footballer now suing Barre, Vt. school system [Barre-Montpelier Times Argus]
- Memo to Sen. Edwards: voters forgave Grover Cleveland the paternity, but they do mind lies [Mickey Kaus]
- Issue in New Orleans case: defamatory to call tour guides “thugs”? [Times-Picayune]
- No more Lux et Veritas: Yale press
wimps out on Mohammed cartoons [NYT, Moynihan/Reason "Hit and Run", Steyn/NRO "Corner", Hitchens]
- More on NYC woman’s “wasted-tuition” suit against college [Mark Gimein, NY Mag via Genova, earlier]
- Do we really want to let CPSIA’s drafters within a mile of redesigning our health care system? [Inoculated]
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colleges and universities,
federalism,
football,
immigration law,
John Edwards,
libel slander and defamation,
medical,
medical malpractice,
New Orleans,
schools,
Vermont
According to Manhattan Institute adjunct fellow Diana Furchtgott-Roth, the Obama administration may (or may not, it’s hard to tell for sure) be backing off its ambitious plan to arm-twist universities into goals of male/female proportionality in math, science, engineering and technology courses [Real Clear Politics]. We’ve covered the controversy here, here, and here.
Tagged as:
colleges and universities,
Title IX
The Columbus Dispatch (national, local angles; via WSJ Law Blog) claims universities are using the federal student-privacy law, FERPA, to evade disclosure of information about league violations and other embarrassments in college sports programs. Others say given the law’s incentives it’s natural for administrators to err on the side of not sharing information of possible benefit to the public, as notoriously happened in the case of student/mass murderer Seung-Hui Cho.
Tagged as:
colleges and universities,
privacy,
sports
A controversy had erupted at Washington State University over whether it was really a good idea to require all freshmen to read and discuss Michael Pollan’s impassioned attack on the American food industry, “The Omnivore’s Dilemma”. (The word “indoctrination” might even have come up.) Then famed Seattle-based injury attorney Bill Marler, whose practice focuses on suing over food poisoning and who has extensive ties to the university, offered to foot the bill himself for the program’s cost. Which, as the New York Times reports, seems to have made everything okay.
I wonder what the various personages decrying the “commercialization of the university” will have to say about all this. (Fixed name of university, originally mistakenly given as U-W, thanks Jason Barney in comments. And see response from attorney Bill Marler in comments).
Tagged as:
colleges and universities,
food safety
