Intellectual Property

  • Cocaine addiction

    Crime, Law Schools, Non-Sequiturs, Patents, Technology

    Non-Sequiturs: 10.28.14

    * He stuck all that cocaine, where? [Legal Juice]

    * We saw the list of the Most Impressive, but what can you really tell about a law school from its building? [PrawfsBlawg]

    * A musical about Thomas Jefferson’s moose skeleton and what it means for Internet regulation. It makes more sense than it sounds. [The Volokh Conspiracy / Washington Post]

    * Virginia’s Supreme Court to hear the Case of the Annoying Yelpers. [WTOP]

    * SLU law professor Justin Hansford writes about his experience as a legal observer to the protests following the Michael Brown killing. [The Faculty Lounge]

    * Interesting piece on the “multiple jeopardy” faced by patentees. [Patently-O]

    12 Comments / / Oct 28, 2014 at 5:19 PM
  • Supreme Court Justice Seamus McCaffrey

    DUI / DWI, Election Law, Law Schools, Non-Sequiturs, Pornography, Pro Se Litigants, State Judges, Television, Trademarks

    Non-Sequiturs: 10.27.14

    * After being temporarily suspended as part of “Porngate” for trafficking in “highly demeaning portrayals of members of various segments of the population, including women, elderly persons, and uniformed school girls,” Seamus McCaffrey retires from the Pennsylvania Supreme Court. [Philadelphia Daily News]

    * A group of women lawyers in Miami has called for NBC to cancel Bad Judge because it “depicts a female judge as unethical, lazy, crude, hyper-sexualized, and unfit to hold such an esteemed position of power.” Indeed there’s no place for depicting women judges that way on TV. Especially when Miami is perfectly capable of depicting them that way in real life. [Crushable]

    * Epic trademark infringement. [Legal Cheek]

    * Crazy pro se guy slapped down in Canada. [Lowering the Bar]

    * While almost everyone else is seeing lower applications, USC Law saw a 5 percent bump. [USC Gould School of Law]

    * Stanford and Dartmouth in hot water over election law charges in Montana. Apparently piercing the imaginary veil of non-partisanship in judicial elections is the problem and not the whole idea of judicial elections in the first place. [Montana Standard]

    5 Comments / / Oct 27, 2014 at 4:36 PM
  • An official Dominique Ansel "cronut."

    Food, Quote of the Day, Trademarks

    Cease & Desist Letter Met With Hardcore Trolling

    Don’t use the word “cronut.” Unless you’re prepared to publicly mock the trademark holder.

    14 Comments / / Oct 24, 2014 at 3:22 PM
  • law_school1-e13663075495591-RF

    Books, Non-Sequiturs, Sexual Harassment, Trademarks

    Non-Sequiturs: 10.15.14

    * Looks like someone took a lesson from ATL’s Worst Law School bracket and put out a Worst Colleges in America list. We provide a very important service. [NPR]

    * Converse is suing over 31 alleged Chuck Taylor imitators. Are they mounting a “full court press”? Get it? Yeah there was pretty much no way around that one. [Fashionista]

    * Lawsuit reveals that struggling business couldn’t keep stores open but could shell out to keep CEO in her 4,560-square-foot home. [Seattle Times]

    * Harvard Law faculty members join a statement protesting the university’s new sexual harassment policy. [Boston Globe]

    * Is a sheath dress acceptable interview attire? Asking for a friend. [Corporette]

    * An interesting review of Lat’s upcoming novel Supreme Ambitions viewing the characters through the lens of William Deresiewicz’s Excellent Sheep (affiliate links) [Huffington Post Books]

    * Which is more galling? That the magistrate tried to weasel out of performing a legal same-sex marriage or that the newspaper felt this worthy of a poll? [The Virginian-Pilot (Hampton Roads)]

    5 Comments / / Oct 15, 2014 at 4:45 PM
  • troll online trolls

  • Buck up Professor. Your hero Nietzsche always says "That which does not kill us makes us stronger."

    Elena Kagan, Legal Ethics, Non-Sequiturs, Technology, Trademarks

    Non-Sequiturs: 10.10.14

    * Remember that whole Brian Leiter kerfuffle? Well he’s gone. The world (of philosophy rankings) was not ready for one as beautiful as thee. [Daily Nous]

    * Before They Were Famous: Newly released documents reveal a pre-SCOTUS Justice Kagan writing memos admitting that she “really f**ked up” and “God, do I feel like an idiot.” At least she understood how she made her 1L class feel when she was a professor. [Josh Blackman's Blog]

    * A lawsuit over who owns the word “how.” Can’t make this up. [Chronicle of Higher Education]

    * How do we know that driverless cars are going to be wonderful for human society? Because they will be absolutely horrible for lawyers and insurers. [Legal Funding Central]

    * This guy explains what everyone should understand before going to law school by walking through his decision to not to go to law school despite gaining admission to some T14 heavies. He gives ATL a shout. We hear you buddy, congratulations on your decision. [Chronicle Vitae]

    * A Delaware attorney sued for allegedly aiding and abetting a fraudulent emerald salvage operation. Kind of “X marks the disbarment.” [Delaware Online]

    * Exxon won an arbitration and got $1.6B from cash-strapped Venezuela, but wanted $14.7B. Poor Exxon, they face so many struggles. [Bloomberg h/t Breaking Energy]

    * The D.C. Bar Association is hosting a “Go Formal For Justice” event to raise many for its many programs to help, directly or indirectly, the indigent. [D.C. Bar Foundation]

    23 Comments / / Oct 10, 2014 at 4:58 PM
  • Pepsi logo

    9th Circuit, Gay Marriage, General Counsel, In-House Counsel, Law Schools, Non-Sequiturs, Patents

    Non-Sequiturs: 10.07.14

    * Congratulations to Tony West on his new gig as General Counsel of PepsiCo. It sounds like an exciting and challenging opportunity. Plus, you know, free Mountain Dew. [Politico]

    * What the hell? The feds stole a woman’s identity and made it into a Facebook page. Well, now she’s found out and she’s suing. Identity theft was one thing, but the way the DEA Agent kept spamming the woman’s friends to play Candy Crush Saga was just unacceptable. [Buzzfeed]

    * Time for some court news: Ninth Circuit joined the chorus in striking down gay marriage bans in Idaho and Nevada. [Ninth Circuit]

    * It’s Nobel Prize time, and one of the winners for Physics has a personal story about how important it is to hire a good lawyer. In fact, it was about $180 million important. [Slate]

    * We constantly beat the drum of how law schools need to adjust to reality and stop duping students into terrible financial decisions. But here’s the PR secret that’s kept law schools from, by and large, collapsing: they sell the experience. [Law and More]

    * An open letter begging Amal Alamuddin not to quit her day job now that she’s married to some acting guy. [The Careerist]

    * New York City paid $50K to settle a lawsuit brought by the family of a child who killed herself after school officials allegedly did nothing despite several warnings that the girl was being brutally bullied. There’s a lot of “in my day…” types who read this site who may not care about bullying, but this is more a question of irresponsibility. If your job is to provide a safe learning environment and you fail, you pay. [DNA Info]

    * At oral argument, the Court seemed generally supportive of the Muslim inmate hoping to grow a beard. If this intuition is right, soon individual people may have the same religious rights as corporations! [Supreme Court Brief]

    * Finally, thanks to the Rutgers-Newark Law School chapter of the American Constitution Society for hosting a great event today where Elie and I previewed the upcoming SCOTUS Term. My personal highlight was watching Elie’s head explode while talking about Young v. UPS.

    8 Comments / / Oct 7, 2014 at 5:02 PM
  • This would be a better patent than what these guys received.

    Patents, Technology

    Serial Litigant Blue Spike Wins EFF’s Stupid Patent Of The Month For September

    Blue Spike’s massive litigation campaign is a perfect example of how vague and abstract software patents tax innovation.

    4 Comments / / Oct 3, 2014 at 10:18 AM
  • PetSoundsCover

    Drinking, Law Professors, Legal Ethics, Non-Sequiturs, Trademarks

    Non-Sequiturs: 10.01.14

    * We welcome Howard Bashman to his new homepage! [How Appealing / Above the Law]

    * An ode to Brian Leiter to the tune of the Beach Boys’ “I Get Around.” [Philosophy Metablog]

    * “Lawyers have a powerful voice in the American legal system, government, and news and entertainment businesses. But do they make their contributions to society while impaired?” You’re goddamned right we do! [SSRN]

    * For example, a Louisville lawyer was arrested for allegedly surfing the web while driving drunk. Who says solo practitioners can’t multitask. [WDRB]

    * Is litigation finance a loan or an investment? Perhaps tax law holds the answer. [LFC 360]

    * Former St. Louis Mayor Freeman Bosley Jr. had his law license suspended indefinitely. Apparently his trust account was bouncing checks. This suspension has ramifications for a much bigger case — Bosley had been representing Dorian Johnson, an eyewitness to the Michael Brown killing. [Missouri Lawyers Weekly (sub. req.); St. Louis Post-Dispatch]

    * Hasbro thinks that owning Scrabble means they own the English language. [Slate]

    * Congratulations to legal communications specialists Infinite PR, who just merged with UK outfit Spada to expand their business across the pond. [PR Week]

    24 Comments / / Oct 1, 2014 at 5:05 PM
  • access denied

    Biglaw, Boutique Law Firms, In-House Counsel, Intellectual Property, Patents, Small Law Firms

    Beyond Biglaw: In-House Talent — Access Denied?

    Why are in-house lawyers limited to working only for their particular employer?

    11 Comments / / Sep 30, 2014 at 10:16 AM
  • letter-shock

    Intellectual Property, Stupid Lawyer Tricks, Trademarks

    Instagram Gets Trolled After Sending Cease And Desist Letter To ‘Sluts of Instagram’

    Sometimes lawyers are a little too quick to send out cease-and-desist letters.

    16 Comments / / Sep 29, 2014 at 12:32 PM
  • Justice Sonia Sotomayor

    Copyright, Non-Sequiturs, Patents, Sonia Sotomayor, Supreme Court

    Non-Sequiturs: 09.25.14

    * Justice Sotomayor would like to remind you that just because you’ve been to one Indian casino, that doesn’t mean all Native Americans are fantastically wealthy. [KGOU]

    * Nor is every Native American cured by this news, but this is certainly a start — the Department of the Interior will sign a $554 million settlement in the breach of trust case brought by the Navajo nation. [Buckley Sandler LLP]

    * A Peruvian woman has sued Disney for $250 million because she alleges that Frozen is a rip-off of her life story. Because she has magic ice powers? I guess. Actually, it looks like the only connection is that she lived in a cold place and had a sister. This reminds me of my lawsuit against Chuck Palahniuk for basing Fight Club on my life story. Not that I ran anarchic underground fight clubs, but because one-time at camp I made a bar of soap. [Bustle]

    * Law professor goes after revenge porn and patent trolls because he’s trying to win the title of best person ever. [Brooklyn Paper]

    * Harold Hamm, Continental Resources’ Chairman and CEO — and former energy adviser to Mitt Romney — is staring down the barrel of a massive divorce settlement. So he takes a page from Romney’s adversary. Hamm is arguing that his fortune… he didn’t build that! He was just the beneficiary of a good market rather than a contributing factor so he doesn’t have to share. [Upstream Online]

    * The CAC launches a new series on the Roberts Court at 10. It’s hard to believe how long ago that was. When the Chief Justice took over we still thought the ending of Lost was going to make sense! [Constitutional Accountability Center]

    * Winston & Strawn lawyer turned famous LEGO artist Nathan Sawaya opened a new show in London. Sculptures made of thousands and thousands of hand-assembled bricks. Just in case you were wondering if there was a task more boring than document review. [Yahoo! Canada News]

    * Paul Clement and Mike Carvin offer a SCOTUS preview. [Heritage Foundation]

    8 Comments / / Sep 25, 2014 at 5:05 PM
  • DLA Piper won't 'like' this lawsuit.

    Books, Facebook, Football, Gay, Non-Sequiturs, Trademarks

    Non-Sequiturs: 09.22.14

    * New York court authorizes service over Facebook. Finally, a reason to use Google Plus. [Slate]

    * Texas struck down the statute banning upskirt photos. The decision is more interesting than the sound byte press it’s getting. [Popehat]

    * Some PR advice may be privileged. Which is good because the law needs to incentivize companies trying to cover up possible legal liabilities. It might be more nuanced than that, but still. [Corporate Counsel]

    * In the wake of the passing of Tommy Boggs, a profile on his power within Patton Boggs, including details of the final year leading up to its merger. [National Law Journal]

    * A roundup of early reviews for Supreme Ambitions (affiliate link). [Supreme Ambitions]

    * On choosing a criminal defense lawyer and why you might not want some reformed prosecutor. [Katz Justice]

    * The Senate confirmed Gordon Tanner as general counsel to the Air Force. This is noteworthy because it reflects just how quickly the country has progressed from affirmative witch hunts, to “Don’t Ask, Don’t Tell,” to confirming a gay man as the top lawyer for a branch of the Armed Forces. [Washington Blade]

    * A 49er fan is suing the NFL for $50 million for a policy that limited ticket sales to customers in Seahawks territory. Based on the season so far, he luckily won’t have to worry about the 49ers in the playoffs this year. [ESPN]

    * Speaking of football, South Park ran an ad limited to D.C. during the Washington-Eagles game. See Eric Cartman school Dan Snyder on trademark law after the jump…. [SB Nation]

    3 Comments / / Sep 22, 2014 at 5:01 PM
  • Drexel Law Kline Law

    Biglaw, Contract Attorneys, Document Review, Federal Judges, Intellectual Property, Law Schools, Morning Docket, Patents, Politics, Technology, United Kingdom / Great Britain

    Morning Docket: 09.19.14

    * Voters in Scotland just said no to independence from the United Kingdom (although it might not have been a big deal for the legal profession if the vote had gone the other way). [New York Times]

    * Congratulations to Drexel Law on a whopping $50 million gift — and its new name, the Thomas R. Kline School of Law. [Philadelphia Inquirer via WSJ Law Blog]

    * The latest chapter in the “cautionary tale” of David Lola: dismissal of the contract attorney’s lawsuit against Skadden and Tower Legal. [American Lawyer]

    * An office renovation for Baker Botts in Houston strips junior associates of window offices. [ABA Journal]

    * How could Watson transform the practice of patent law? [Corporate Counsel]

    * Are we seeing a reversal in the trend of declining prison populations? [Washington Post]

    * The chorus of voices calling for Judge Mark Fuller to resign in the wake of domestic violence charges against him continues to grow. [New York Times]

    6 Comments / / Sep 19, 2014 at 9:05 AM
  • 240px-Jerry_Jones_owner_dallas_cowboys_2008

    Football, Law Professors, Law Reviews, Law Schools, Non-Sequiturs, Student Loans, Trademarks

    Non-Sequiturs: 09.10.14

    * Because it’s been such a long time since the NFL has had a scandal, Cowboys owner Jerry Jones is accused of sexual assault in a new suit. The Cowboys claim the suit is nothing but a money grab. No one knows a money grab like a franchise owner milking a new stadium partially financed by taxpayers. [USAToday]

    * Dean Frank Wu explains why Hastings will survive the end of law schools. [SF Weekly]

    * A pair of IP litigators, James W. Dabney and Stephen S. Rabinowitz, have jumped from Fried Frank to Hughes Hubbard. Will others be following Dabney & Rabinowitz out of Fried Frank? [Hughes Hubbard]

    * “Lawyer’s ‘Torture Porn’ Past Pops Up in Pa. Governor’s Race.” OK, let’s see what you’ve got here. [Greedy Associates / FindLaw]

    * An interesting breakdown of the legal scholars with the widest network of co-authors. Think of these as the most promiscuous scholars around. Actually, no. Don’t think that. [Ryan Whalen]

    * Etsy sides with the USPTO and bans sales of anything branded “Redskins” on its platform. I’m not sure how smart this is since the economic teeth of the USPTO decision was to allow sites like Etsy to sell massive quantities of otherwise trademark-infringing stuff until Washington relented and opted for a new trademark-protectable name. [Etsy]

    * Don’t throw peanut butter in my neighborhood (though I don’t understand the blotter… there’s no Bodega at that location). [Legal Juice]

    * Lest you think law school is reasonably priced: “New IBR and PSLF provide benefits large enough that high earnings still result in nearly $100,000 in loan forgiveness for typical levels of debt for law school graduates. A lawyer earning at the 50th percentile with that debt level stands to have $147,282 forgiven, which is more than he borrowed…” [New America Education Policy Program]

    * Keeping in touch with your inner child to relate to witnesses as humans. [Katz Justice]

    * Closing out this football-heavy NS, friend of the blog Mitchell Epner discusses why Roger Goodell won’t (and shouldn’t) survive the fallout of the Ray Rice scandal. Check out the video after the jump… [CNBC]

    1 Comment / / Sep 10, 2014 at 5:03 PM
  • 640px-Bob_McDonnell_by_Gage_Skidmore

    Drinking, FTC, Health Care / Medicine, Non-Sequiturs, Police, Politics, Racism, Trademarks

    Non-Sequiturs: 09.04.14

    * Bob McDonnell, former governor of Virginia, guilty of 11 counts of corruption. Maureen McDonnell guilty of 8. If only they’d gotten that severance motion. [Wonkette] * The best way to catch drunk drivers is to give them something to crash into. [Legal Juice] * Chaumtoli Huq, a former general counsel to the New York […]

    1 Comment / / Sep 4, 2014 at 5:37 PM
  • Twitter small

    Biglaw, Boutique Law Firms, Intellectual Property, Patents, Small Law Firms, Social Media, Social Networking Websites, Technology, Twittering

    Beyond Biglaw: Putting Twitter To Work

    Twitter is used by consulting firms and Wall Street investors, but is it actually useful for law firms?

    2 Comments / / Sep 2, 2014 at 11:10 AM
  • elle-woods

    Copyright, Law Schools, Non-Sequiturs, Trademarks

    Non-Sequiturs: 08.29.14

    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]

    2 Comments / / Aug 29, 2014 at 1:44 PM