Intellectual Property

  • 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
  • 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
  • iStock_000025862603_Small

    Drugs, Election Law, Fashion, Marijuana, Music, Non-Sequiturs, Patents, Prisons, Trademarks

    Non-Sequiturs: 08.26.14

    * 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]

    0 Comments / / Aug 26, 2014 at 5:32 PM
  • Anna Nicole Smith back to SCOTUS Supreme Court

    Anna Nicole Smith, Defamation, Football, Gay Marriage, Law Schools, Non-Sequiturs, Patents, Supreme Court

    Non-Sequiturs: 08.20.14

    * 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.

    * 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]

    0 Comments / / Aug 20, 2014 at 5:01 PM
  • Canada View From Up North

    Canada, Intellectual Property, Litigators, Patents, Plaintiffs Firms, Texas

    The View From Up North: Patent Litigation — Canada Versus America

    Which nation takes the better approach to patent litigation?

    4 Comments / / Aug 20, 2014 at 1:05 PM
  • Beyonce mean

    ACLU, Baseball, Google / Search Engines, Intellectual Property, Job Searches, Laurence Tribe, Non-Sequiturs, Prostitution, Sex, Technology, Trademarks

    Non-Sequiturs: 08.15.14

    * 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]

    13 Comments / / Aug 15, 2014 at 4:48 PM
  • iPhone

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

    Non-Sequiturs: 08.14.14

    * 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]

    * 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]

    0 Comments / / Aug 14, 2014 at 5:12 PM
  • Anthony_Kennedy_official_SCOTUS_portrait

    6th Circuit, Anthony Kennedy, Celebrities, Environment / Environmental Law, Gay Marriage, Legal Ethics, Non-Sequiturs, Patents, Supreme Court, Technology

    Non-Sequiturs: 08.08.14

    * 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]

    1 Comment / / Aug 8, 2014 at 4:55 PM
  • 'I get paid to play Candy Crush and do laundry all day!'

    Intellectual Property, Paralegals, Patents, Trademarks

    Paralegals Paid Up To $80K To Play Online, Watch TV

    Ain’t life grand as a federal employee?

    21 Comments / / Aug 1, 2014 at 11:03 AM
  • New-york-skyline-007

  • Intellectual Property, Uncategorized

    Trademark Review (July 2014)

    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.”

    / / Jul 31, 2014 at 4:17 PM
  • Intellectual Property

    Federal Circuit Review – Nautilus, Limelight, and Alice (July 2014)

    Supreme Court Sets New Indefiniteness Standard

    In Nautilus, Inc. v. Biosig Instruments, Inc., Appeal No. 13-169, the Supreme Court vacated and remanded Federal Circuit’s reversal of summary judgment because the Federal Circuit’s definiteness standard was too lenient.

    Biosig filed a patent infringement suit claiming Nautilus’ exercise machines infringed its patent. Biosig’s patent claims a heart rate monitor that includes a “live” electrode and “common” electrode “mounted . . . in spaced relationship with each other.” The district court granted Nautilus’ motion for summary judgment on the basis the claim term “in spaced relationship with each other” failed the definiteness requirement of 35 U.S.C. § 112, second paragraph. The Federal Circuit reversed and remanded, finding a patent claim meets the definiteness threshold so long as the claim is “amenable to construction” and the claim is not “insolubly ambiguous.”

    The Supreme Court held the Federal Circuit’s test does not satisfy the statute’s definiteness requirement and can leave courts without a reliable compass. The Court held a patent is invalid for indefiniteness if its claims, read in light of the specification and the prosecution history, fail to inform, with reasonable certainty, those skilled in the art about the scope of the invention. The Court emphasized this standard not only takes into account the inherent limitations of language, but also requires a patent must be precise enough to afford clear notice of what is claimed. The Court vacated and remanded to the Federal Circuit for reconsideration under the proper standard.

    / / Jul 31, 2014 at 4:00 PM