Posts Tagged ‘trademarks’

Quaker Oats sends cease/desist to actual Quakers

Making the rounds, on Mental Floss and elsewhere, a story of how an overzealous lawyer for the Quaker Oats company sent a cease/desist letter to the Quaker Oaks (that’s “Oaks”) Christmas Tree Farm in Visalia, California, led by actual members of the Society of Friends and named after the tree under which religious services had been held for a time. The letter provoked this amusing and not un-peaceful response from William Lovett (“Our business is 100% owned and operated by Quakers. I suspect that your firm employs considerably fewer, if any, Quakers.”)

While the Deseret News sets the tale in 2012, it seems to have been in circulation longer than that, as seen in this 2006 posting. But since names in the story, including that of a lawyer for the food company, do check out as names of real persons, my guess is that the story is genuine.

May 24 roundup

  • Not the theater’s fault, says a Colorado jury, rejecting Aurora massacre suit [ABA Journal, earlier here, here, and here, related here, etc.]
  • Senate GOP could have cut off funds for HUD’s social-engineer-the-suburbs power grab, AFFH. So why’d they arrange instead to spare it? [Paul Mirengoff/PowerLine, more, earlier] Related: federal judge Denise Cote denies motion to challenge supposed speech obligations of Westchester County Executive Rob Astorino under consent decree with HUD [Center for Individual Rights; earlier here, here, etc.]
  • “Earnhardt Family Fighting Over Whether One Earnhardt Son Can Use His Own Last Name” [Timothy Geigner, TechDirt]
  • Freddie Gray charges, bad new laws on pay, the state’s stake in world trade, armored vehicles for cops, bar chart baselines that don’t start at zero, and more in my latest Maryland policy roundup [Free State Notes]
  • “You can be fined for not calling people ‘ze’ or ‘hir,’ if that’s the pronoun they demand that you use” [Eugene Volokh on NYC human rights commission guidance]
  • Despite potential for schadenfreude, please refrain from taxing university endowments [John McGinnis]

Free speech roundup

  • Why Josh Blackman signed Wednesday’s New York Times ad protesting the AGs’ investigation and subpoenas on climate advocacy;
  • Proposed revision of ABA Model Rules of Professional Conduct barring discrimination by lawyers could have major anti-speech implications [Eugene Volokh]
  • “Game Studio’s Plan To Deal With Critic Of Games: Sue Him To Hell” [Timothy Geigner, TechDirt]
  • The Citizens United case was correctly decided, says Michael Kinsley. And he’s right. [Vanity Fair]
  • Fifth Circuit ruling prescribes attorney fee award after defeat of frivolous trademark litigation under Lanham Act [Popehat]
  • So what’s a good way to support teaching evolution without climbing in bed with folks who put free speech in scare quotes? [National Center for Science Education on Twitter: “Tobacco Science, Climate Denial, and ‘Free Speech'”]

May 12 roundup

Why they can’t sell you Derby Pie

On the menu this week at your local restaurant or bakery, you might notice cute wordings like “Famous Horse Race Pie,” “Kentucky Bourbon Chocolate Nut Pie,” or even “We’re Not Allowed To Call This Derby Pie.” In a Cato podcast with colleague Caleb Brown, I explain why, and also mention in passing the aggressive enforcement of the Super Bowl trademark.

One reaction: anti-IP libertarian theorist Stephan Kinsella takes issue with several things I say in the podcast and in particular deplores my intended tone of neutral description of trademark law; he contends that a better position would be to challenge the legitimacy of trademark law and of intellectual property law generally, a view some libertarians have taken.

Bernie 2016 lawyer: take down that parody image of our candidate

BernieIsMyComradeDaniel McCall of Liberty Maniacs has put out a parody image in which the likeness of presidential candidate Bernie Sanders is lined up as the latest in a row of figures such as Marx, Lenin, and Mao. Yesterday, invoking the campaign’s trademark and copyright interests, a Seattle lawyer named Claire Hawkins “has demanded that McCall stop purveying this image.” It’s the latest in a series of aggressive moves by campaigns and candidates including Hillary Clinton, Ben Carson, and Ron Paul, as well as the Republican National Committee, to assert intellectual property as a reason for taking down works that play on their image in either unfavorable or favorable ways as a means of expression. [Paul Alan Levy, Consumer Law & Policy; Ron Coleman, Likelihood of Confusion]

Trademark ambition, and How

“You may recall a story from a few years back involving self-proclaimed ‘corporate virtue advisor’ Dov Seidman and his quest to sue Chobani for using the phrase ‘How food is made matters’ and the social media hashtag #howmatters. Seidman’s problem with all of this? He had a trademark registered for the word ‘how.'” Seidman “has since sought to drop that case” but is now suing his agent for allegedly encouraging an ad agency it has a stake in to use the word in a campaign for the food company [Timothy Geigner, TechDirt; The Hollywood Reporter]

February 10 roundup