Intellectual Property

Ed. note: Due to the Labor Day holiday, we’re on a reduced publication schedule today. We’ll be back to our normal Saturday schedule tomorrow. But you don’t care about that. More importantly we’ll be off on Labor Day and back to normal on Tuesday. A restful and happy Labor Day to all!

* Jesus, this Elle Woods fascination just won’t die. [Law School Lemmings]

* Lawyers seek to ruin something beautiful: ALS Association wants a trademark on the concept of an ice bucket challenge. [Washington Post]

* Ah, fun tales of the Streisand Effect. [Popehat]

* UC Davis Law saw increased applications. Dean Kevin Johnson says, “I do think the market is coming back. And I do think the naysayers of law schools and being a lawyer, their days are limited in number.” You’re the only school in California showing an increase and the country as a whole is down and you’re conveniently not charging any application fee, but yeah, our days are limited. [UC Davis Law]

* Lawyer who showed up to court going by the name “Lord Harley of Counsel” gets a tongue-lashing from the judge. [Legal Cheek]

* Ant-f**king. OK. [Legal Juice]

* This probably goes without saying, but don’t smuggle drugs into prison. This grandpa apparently failed that lesson. [Legal Juice]

* Town gets fed up and just sues every single citizen. [Lowering the Bar]

* A city lawyer heads out to the country to woo a pretty maid. At least this song gets it right and the lawyer fails. [Legal Cheek]

* Some thoughts on trademark law and post-parody fashion, from Professor Charles Colman. [U. Penn Law Review]

* Attorneys took different approaches to litigating slavery. Nothing really funny here, it’s just interesting. [The Faculty Lounge]

* James Sherwin of SOR Solicitors made this infographic about patents in Europe (and where Ireland fits in). In case you ever wanted to know if Europe’s intellectual property set up is as crazy as America’s. [SOR-Solicitors]

* Anna Nicole Smith’s estate finally loses its effort to secure a piece of her late husband’s estate. This whole thing was like Bleak House with boobs. [Jezebel]

* Supreme Court halts same-sex marriage in Virginia. So there you go. [ABC News]

* Our old friend the Affluenza kid is back in the news, but this time he’s only a footnote to the story. His father, the one who spoiled him so badly he couldn’t help himself but kill a bunch of people, has been arrested for impersonating a cop. Maybe affluenza is contagious. [NBCDFW]

* The preliminary draft of the proposed amendments to the Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure are available for public comment! So what are you still doing here? [U.S. Courts]

* Lawyer posts a bounty available to anyone who can help him collect on the multi-million dollar judgments he’s secured against a pilfering billionaire. “I’ve spent enough money getting judgments.” Enter Dog the Judgement Bounty Hunter. Go with Christ, Brah.[Forbes]

* Adam Carolla has settled with the patent troll who was suing him claiming they invented the podcast. Details weren’t disclosed, but since Carolla had previously said he wouldn’t settle for any amount of money, I wonder how they sweetened the pot. [USAToday]

* Suspended Notre Dame athletes reportedly considering a lawsuit against journalists who named them as suspects in a cheating scandal. Even though the school itself named them. If the classes they supposedly took were “Pre-Law” or “Basics of Defamation,” then I think the NCAA has a slam dunk case. [FoxSports]

* The extracurriculars that help you get into law school. Debate’s still on there even if the description — at least of the form of debate most Americans practice — sounds more like what a high school drama thinks of debate instead of reality. Less extemporaneous speaking and more “massive, in-depth research and a developing a mastery of electronic research databases.” [InGenius Prep]

* The lingering lawsuit over one of the most devastating hockey hits in recent memory has finally settled. The parties agreed to 5 minutes for fighting and a game misconduct. [ESPN]

Raise your hand if you’ve been to Marshall, Texas. It’s on the eastern edge of the Lone Star State, not far south from Springdale, Arkansas, where Jim Bob and Michelle are raising 19 kids (and hopefully no more), and just west of Monroe, Louisiana, where the Robertsons play whack-a-duck every fall.

I see a few hands raised. Vacationing in Marshall, perhaps? No? Visiting family? No?

Then, I bet you’re patent litigators….

double red triangle arrows Continue reading “The View From Up North: Patent Litigation — Canada Versus America”

* Suit filed questioning the parentage of Blue Ivy Carter. Plaintiff claims to be the real… mother? Hm. You’d think that would be pretty easy for everyone to remember. [International Business Times]

* The Washington D.C.-area NFL team has filed suit to get its trademark back. They think the USPTO are Indian Givers. [DCist]

* The ACLU is asking courts to define “freedom of the press” in the wake of Ferguson. I understand their impulse, I just don’t think they’re gonna like the answer. [Fox2Now]

* A 71-year-old lawyer allegedly called two escorts over to his house and they asked for more money. Even for rich lawyers it’s the principle of the thing. [South Florida Lawyers]

* Sad to see Professor Larry Tribe join the “let’s blame the teachers instead of funding public schools” parade. But now that he’s become a high-profile supporter of ending tenure for those teaching the young, perhaps he’ll renounce his own tenure. Or at least fight to revoke it from all his colleagues. [National Law Journal]

* A Colombian lawyer is suing FIFA for $1.3 billion over bad officiating. Of all the things FIFA deserves to get sued over, this isn’t making the list. [Washington Post]

* Congratulations to Rob Manfred, a Harvard Law grad formerly of Morgan Lewis, on his promotion to MLB Commissioner. He will continue the proud tradition of keeping us bored all summer long while we wait for football to come back. [New York Times]

* New lawsuit says Google kept records of plans to infringe intellectual property… on Post-Its. Unwise. Office supplies are for back-to-school shopping, not writing down wrongful acts. [Valleywag]

* If you’re a current 3L or a law grad about to come off a clerkship, NOAA has a job opportunity for you. Imagine how exciting it will be when the next Sharknado happens! [USAJobs via NOAA]

* A murder suspect grabbed his phone and asked Siri to help him dispose of a dead body. I’ll bet Siri gave him s**tty directions on doing that, too. [USA Today] UPDATE 8/14/14 5:16 p.m.: Hey what do you know, USA Today is overselling the story a tad! Still, someone performed this search and he seemed to approve enough to have the photo.

* Criminal defeated by the same dastardly device that plagued a famous Far Side cartoon. [Lowering the Bar]

* Congratulations to Brooklyn Law School’s BLIP clinic for successfully fighting off a patent troll. How’s that for practical law school experience! [Medium]

* “As long as there is demonstrated interest and commitment by sufficiently financed local owners and a dedicated, passionate local fan base, leagues prefer not to move teams.” So says Buffalo Law professor Nellie Drew. Shhh. Don’t tell her about where the Baltimore Ravens came from, it would break her heart. [University of Buffalo]

* We get more worked up about law students charged with crimes. Like murder and arson. I mean, obviously Above the Law does because that’s part of our beat, but I mean “we” as in everybody. Why is that? [Law and More]

* Avvo just released a new iPhone app for lawyers. Among the new features is an opportunity to be alerted as soon as a question in your practice area is asked. [Avvo]

* Ha. This cartoon. [Twitter]

* After a two-year absence, we welcome VC Deal Lawyer back to blogging! [VC Deal Lawyer]

* It’s not that Justice Kennedy cares more about gay rights than women’s rights, it’s that Justice Kennedy understands gay rights better than women’s rights. That’s a much less charitable but shorter read of this insightful piece by a former Kennedy clerk. [Dorf on Law]

* The judge caught making racist and sexist remarks about Charlize Theron’s adoption has been banned from the bench. He wants to be judged on more than this incident. To quote Dr. Hibbert: “And hillbillies want to be called ‘Sons of the Soil’, but it ain’t gonna happen.” [Associated Press via Yahoo! News]

* Adam Carolla is keeping his fight against patent trolls alive. Ziggy socky ziggy socky hoy hoy hoy! [Mashable]

* Yesterday, the man who shot young Renisha McBride for knocking on his door was convicted of second-degree murder. Sadly, it was just one more in a string of cases where some idiot bought into the rhetoric of shooting first and asking questions later that gun lobbyists have pushed for years. [New York Times]

* Here’s something, a former law firm CIO wrote a novella called I Spy, You Spy, We All Spy (affiliate link) based on the allegedly true events of the “law firm spying on its own lawyers, employees and some of its employees’ family members.” Delightful. [Amazon]

* “Why Young Lawyers Shouldn’t Hate Hate Hate Baby Boomers Holding On to Jobs.” OK, I’ll go back to hating them for being the self-absorbed Me Generation that made Gordon Gekko a role model. [Law and More]

* At oral argument in the marriage equality cases, the lawyers and the Sixth Circuit exhibited… a lot of misconceptions. [Constitutional Accountability Center]

* The battle over the EPA’s Carbon rules isn’t over yet. Gear up for a Supreme Court trip. [Breaking Energy]

* Do you need to know how to pronounce the SCOTUS case of Volkswagenwerk Aktiengesellschaft v. Schlunk? There’s an app for that. [Law Technology News]

‘I get paid to play Candy Crush and do laundry all day!’

Imagine, if you will, a world where you’re able to do absolutely nothing but surf the internet, watch all the daytime TV you can stand, go on as many online shopping sprees as your wallet will allow, and like and comment on every Facebook status in the world, all while being paid your regular salary (ranging from $60,000 to $80,000), and maintaining performance-based bonus eligibility (with awards ranging from $2,000 to $3,500).

If you think that sounds great, then maybe you should apply to become a paralegal specialist for the Patent Trial and Appeal Board (PTAB), because that judicial body apparently wasted up to $5.09 million on salary payments for what was nothing more than paralegal playtime.

Ain’t life grand as a federal employee?

double red triangle arrows Continue reading “Paralegals Paid Up To $80K To Play Online, Watch TV”

What is it with insane NY-related bureaucrats and their attempts to “own” things? In the past, we’ve covered how New York State is a pretty big trademark bully over the “I ♥ NY” phrase, and did you know that the Metropolitan Transit Authority (MTA) claims ownership over the phrase “If you see something, say something”? And, now, we find out that the controversy-ridden Port Authority of NY and NJ appears to be claiming ownership of the NYC skyline. No joke. It apparently sent a cease-and-desist letter to Fishs Eddy, a housewares store in Manhattan that is selling some city themed dishes.

double red triangle arrows Continue reading “NY Port Authority Claims To Own The NYC Skyline: Tells Store To Destroy Skyline-Themed Plates”

Powered By JD Supra

Past Disparagement Results in Present Cancellation: REDSKINS Marks Cancelled by TTAB

The Trademark Trial and Appeal Board (“TTAB”) cancelled six registrations for marks consisting in whole or in part of the term REDSKINS for use in connection with a professional football team, because the marks were found to be disparaging to Native Americans at the time they were registered (between 1967 and 1990).

The Board found that when used in connection with football services, REDSKINS retains the meaning of “Native American.” Videos of football games, newspapers, and press guides created between 1967 and 1990 established that the respondent “made continuous efforts to associate its football services with Native American imagery.”

double red triangle arrows Continue reading “Trademark Review (July 2014)”

Page 1 of 210712345...2107