The “brand” in question is that of the late Rev. Dr. Martin Luther King, Jr. (Likelihood of Confusion, Nov. 13).
In Martin Luther King; right of publicity
Chronicling the high cost of our legal system
Overlawyered
November 14th, 2008 at 9:38 am
“We cannot allow our brand to be abused”
In Martin Luther King; right of publicity
November 11th, 2008 at 3:09 pm
Naked Cowboy vs. Mars suit settles
October 23rd, 2008 at 12:11 am
French president: I’ll sue voodoo-doll maker
The company offers a doll for sale resembling President Nicolas Sarkozy (as well as one of his rival, Socialist Segolene Royal). “The doll bears a number of colorful quotes from the outspoken statesman (such as ‘Get lost, you pathetic ______,’ which he allegedly said last year to someone who refused to shake his hand) and comes with a manual telling buyers to stick pins in the quotes.” The nastygram from Sarkozy’s lawyer says the maker must recall the 20,000 dolls or it will infringe on Sarkozy’s “exclusive and absolute rights over his own image”. (Lowering the Bar, Oct. 22; BBC).
In France; right of publicity
June 28th, 2008 at 9:48 pm
Chuck Yeager, Cingular and the right of publicity
The legendary test pilot sued the cellphone company — and has gotten past summary judgment with his claim — because a Cingular press release compared one of the company’s technical innovations to his work breaking the sound barrier. (Rebecca Tushnet, Jun. 22 via David Post @ Volokh).
In cellphones; right of publicity; trademarks
Point of Law- The Current State of Consumer ArbitrationTed Frank (with co-author Ohio State lawprof Sarah Rudolph Cole) has a new paper out at AEI on the hot subject, likely to be the target of a push by litigation advocates in Congress next year. Summary: In 2007, the...Walter Olson
- Plaintiffs Counsel Wins Suit, Gets Chastised for Excessive Fees and ExpensesThe Fulton County Daily Reporter (via law.com) has an interesting story on the just-ended successful corporate class action against Coca-Cola (which was found to have committed fraud on the market by inflating its income. Plaintiffs may have succeeded, but their...Michael Krauss
- Master Settlement: Ten years of advocacy and more litigationHaving written this week (here, here, here, here and here) on the various public policy aspects of the tobacco master settlement agreement 10 years after its enactment, we now get to perhaps the most important and lasting consequences of the...Carter Wood
- Tillinghast-Towers Perrin 2008 tort cost updateThe insurance consulting organization, per its press release, has issued its 2008 report, which measures tort costs for 2007 and shows trends dating back as far as 1950. It indicates that the cost of the liability insurance sector of the...Walter Olson
- Around the web, November 21Big news in asbestos: Wayne County, Mich. judge throws out medical opinions by prolific Lansing internist Michael Kelly [Free Press, earlier] Law is what they say it is dept.: Oklahoma high court tosses out another chunk of liability reform,...Walter Olson
- The Current State of Consumer Arbitration
- Volokh
- Should there be judicial performance evaluation for federal judges? Campaign finance limits for state judges?Most states have commissions which evaluate the performance of state judges. Would it be a good idea to institute similar performance review of federal judges? For judicial elections, are campaign contribution/spending...David Kopel
- AG Mukasey on How to Handle Detainees:Today's WSJ has an op-ed by U.S. Attorney General Michael Mukasey that addresses similar issues to the speech he was delivering last night at the Federalist Society's Annual Lawyers' Convention...Jonathan Adler
- Do You Now Own, or Have You Ever Owned, a Gun?The Politico reports on a curious addition to the Obama transition personnel questionnaire for potential appointees to the new Administration....Jonathan Adler
- You Too Can Reject a Minnesota Senate Ballot:Why let the Norm Coleman and Al Franken campaigns have all the fun. Thanks to Minnesota Public Radio, you can look at pictures of actual ballots cast in the Minnesota...Jonathan Adler
- Illegal To Use the Rain Water That Falls on Your Roof?From High Country News:...Eugene Volokh
- Should there be judicial performance evaluation for federal judges? Campaign finance limits for state judges?