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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Posts tagged as:
trademarks
TTABlog reports on the oldest pending case before the Trademark Trial and Appeal Board.
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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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Every year it seems to get worse, or better, depending on your perspective, notes Ron Coleman. Earlier years here, here, here, etc., as well as “Who Dat?”
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- Attention journalists: a trademark opposition and a trademark lawsuit are two different things [Legal Satyricon]
- I explain (slightly rudely) why I think the Citizens United decision will probably help the Dems this cycle [National Journal blogger poll] Plus: no big effect on campaigns? [Ann Althouse] And it’s not as if Chuck Schumer has made up his mind or anything: he’s titled his hearing on Citizens United next week “Corporate America vs. the Voter” [PoL, yet more here and here]
- Olson and Boies should realize these are not the days of the Warren Court [Dale Carpenter, Independent Gay Forum]
- Motorists beware Tenaha, Texas: the legal sequel [WSJ Law Blog, earlier here, etc.]
- “Detroit Lawyer Fined For Chasing Buffalo Air Crash Victims” [Turkewitz]
- Symbolic venue? Administration chooses to unveil new press-lenders-to-serve-minorities campaign at Jesse Jackson event [N.Y.Times]
- Remembering pinball prohibition [Popular Mechanics back in August, Radley Balko]
- Judge cuts “shocking”, “monstrous” $2 million award to $54,000 in Jammie Thomas-Rasset music-download suit [AmLaw Litigation Daily, earlier] Naughty librarians: “Offline Book ‘Lending’ Costs US Publishers Nearly $1 Trillion” [Eric Hellman]
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Unauthorized use of “Who Dat?” and a fleur-de-lis. [Peter Finney, Times-Picayune/NOLA] More: and a cartoon.
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Peabody Energy, by way of St. Louis law firm Senniger Powers, has sent a nastygram (PDF) demanding the takedown of an enviro-activist website that critically mimics the “Consortium for ‘Clean Coal’ Utilization,” of which Peabody is a part. Along with trademark infringement claims, the letter advances a congeries of other legal theories (defamation, tortious interference with contracts) and insists on the total removal of the site. [Citizen Media Law, EFF, Riverfront Times]
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The parodically named line of knockoff clothing isn’t going to go quietly. [Matt Straquadine/AmLaw Daily, Alkon, earlier]
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Two Chicago grocery store chains, Jewel and Dominick’s, bought full-page ads in “a special commemorative issue of Sports Illustrated magazine dedicated to [Michael] Jordan and his career”. The ads saluted the Chicago Bulls great for his achievements. Jordan proceeded to sue them for trademark infringement. [Chicago Breaking Sports, Tactical IP via Legal Satyricon]
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Clothing maker North Face sues humorous knock-off clothing maker South Butt. [St. Louis Post-Dispatch, Columbia Missourian, ABA Journal] Plus: Ann Althouse on the disclaimer that didn’t work as a lawsuit deflector.
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Concerns about the pending Anti-Counterfeiting Trade Agreement (ACTA) [Jeff Porten, MacWorld/MacUser] A contrary view: Ben Sheffner (via Ron Coleman).
- American Federation of Teachers backs off earlier aggressive trademark stance against critical website [AFT Exposed via Ron Coleman, earlier]
- Unintended but ever-so-predictable consequence of cash-for-clunkers: cheap used cars now a lot less cheap [Coyote]
- Strange that Pat Robertson doesn’t seem to know hate-crime laws cover crimes motivated by religious bias [Neiwert]
- Court rules against New York law firm’s debt collection practices [ABA Journal]
- Trouble amid the Lamborghinis: rumors swirl of financial defalcations at prominent south Florida law firm [WSJ Law Blog and more] Plus: Rothstein’s huge bipartisan political donations [DBR]
- Ohio: “Man dressed as a Breathalyzer for Halloween is arrested for DUI” [Obscure Store]
- Blawg star Mark Herrmann (Drug & Device Law) writes a brief in Supreme Court case on (unrelated) topic of prosecutorial immunity for misconduct [Scott Greenfield]
- Administration’s task force on medical liability reform meets amid signs it won’t accomplish much [Wood, ShopFloor; related, Stanley Goldfarb/Weekly Standard]
- Is it against the law to report police movements on Twitter? [Valetk, Law.com; Volokh]
- “Attorney Charged With Posting Ad Seeking ‘Secretary With Benefits’” [Legal Profession Blog via Bruce Carton, Legal Blog Watch]
- Maker of Monster energy drinks drops its cease and desist demand against Vermonster beer [Burlington Free Press, earlier] More: Turkewitz.
- Putative class action filed against University of Illinois over clout-in-admissions scandal; a contest challenges readers to come up with best arguments for dismissal [Russell Jackson]
- Settlement in case where wrongful suspicion of shoplifting/counterfeiting led to $3.1 million verdict against Target [Greenville News via Turkewitz, earlier]
- Things you can’t bring on the school bus: softball bats, canned vegetables [Free Range Kids and again]
- “Veil-Wearing Muslim Woman Drops Battle With Judge” [OnPoint News]
- Great moments in voting rights law: no, you can’t have nonpartisan elections [Washington Times] (& Popehat)
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Via David Post at Volokh, a nastygram sent by the American Federation of Teachers to the critical site AFTExposed.com. More: Ron Coleman, Likelihood of Confusion.
Boston software maker Jenzabar has already sued the makers of a Tienanmen Square documentary on defamation theories, which a court dismissed. But it’s kept the litigation going on trademark infringement theories. [Paul Levy, Consumer Law & Policy; Ron Coleman, Likelihood of Confusion; Boston Globe June report linked earlier]
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A product review site gets a takedown demand, apparently premised on its having run a picture of the product under review. Related at Consumerist (Vermont brewer Matt Nadeau targeted over “Vermonster” beer). It appears this is all unrelated to the widely publicized intellectual property assertions of the Monster Cable concern.
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- Greenwich, Connecticut real estate board may discipline member whose blog (often linked in this space) regularly pokes fun at overpriced houses. Antitrust/First Amendment problem? [Chris Fountain, For What It's Worth]
- “Religious group sued for allegedly inciting harm through prayers” [USA Today]
- Legally driven waste of water in parched California should reopen Endangered Species Act debate [Max Schulz, American Spectator] “More Unintended Consequences — Endangered Species Edition” [Ronald Bailey, Reason; related AEI panel]
- “Apple v Woolworth re Apple Logos In Australia” [Trademark Blog]
- Speaking of Australia, Consumers Union’s Consumerist site publishes fake “Aussie McDonald’s fraud plot” memo as real — revises post later, but without mentioning it was taken in by hoax [HardArticle]
- Pennsylvania couple learns about squatter’s-rights law the hard way [Hazleton Standard Speaker]
- Maybe Saratoga Springs, N.Y. will let middle schoolers bike — or even walk! — to school [Albany Times-Union, Lenore Skenazy/Free Range Kids, Patrick at Popehat, Doug Mataconis/Liberty Papers]
- Milberg, the disgraced class action firm of Mel Weiss and Bill Lerach fame, is hot again [NLJ]
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