Intellectual Property

  • 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
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  • 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
  • Screen shot 2014-08-04 at 1.27.43 PM

    Intellectual Property

    A Window into the Future for Apple’s Trade Dress?

    A few weeks back, Steve discussed Apple’s recent applications to register a trio of non-verbal trademarks.

    Spoiler alert:

    This post contains the USPTO’s ultimate decision regarding the registrability of the design and layout of various application icons as part of a computer operating system, using rectangular geometric figures in rows. However, it isn’t a spoiler for Apple’s applications referenced above (those applications have yet to be assigned to an examining attorney).

    No, instead, I’m referring to a since-abandoned application that provides some interesting contrast with Apple’s applications. In 2012, Microsoft filed an intent-to-use application for the mark shown below:

    / Jul 31, 2014 at 3:55 PM
  • trademark

    Barack Obama, Basketball, Intellectual Property, Job Searches, Law Schools, Morning Docket, Patents, Politics, Trademarks, Trusts and Estates

    Morning Docket: 07.31.14

    * “We’re in uncharted waters.” Following a split vote down party lines, the House of Representatives authorized Speaker Boehner to move ahead with his lawsuit against President Obama. [WSJ Law Blog]

    * “Vultures! Don’t take our pound of flesh.” Despite last-minute settlement talks, it seems Argentina has defaulted on its debt for the second time in 13 years. Oopsie! [DealBook / New York Times]

    * The U.S. Patent and Trademark Office has added 19 additional schools to its law school clinic certification pilot program. IP is hot right now, so congrats if your school made the cut. [USPTO.gov]

    * What are some of the pros of working before going to law school? Well, if you can’t get a job after you graduate, you can go back to your old field, so that’s a plus. [Law Admissions Lowdown / U.S. News]

    * California probate attorneys’ hearts were all aflutter following Shelly Sterling’s win against her husband, specifically because of the new precedents the Clippers case left in its wake. [National Law Journal]

    1 Comment / / Jul 31, 2014 at 9:16 AM
  • Kung_Pao_chicken_(western_version)_-1

    9th Circuit, Alex Kozinski, Blogging, Celebrities, Free Speech, Movies, Non-Sequiturs, Patents, Politics, R. Ted Cruz, Videos

    Non-Sequiturs: 07.30.14

    * Court needed a Chinese language interpreter. Rather than find a professional legal interpreter, the judge just told the lawyer to head down to the local Chinese restaurant and grab somebody. [Legal Cheek]

    * News from former Virginia Governor Bob McDonnell’s trial. As one tipster summed up the story: “Hon, I think I dropped my keys under that bus. Would you take a look?” [Slate]

    * Everyone concedes Ted Cruz is smart. Why exactly? [Salon]

    * A follow-up from a previous story: Connolly, Geaney, Ablitt & Willard shuts down after the foreclosure market that made them turned on them. [Mass Lawyers Weekly (sub. req.)]

    * Interesting look at the volume of patent cases throughout history. Check out the troll phenomenon with charts! [Patently-O]

    * More folks wasting time complaining about blog posts. [South Florida Lawyers]

    * Clint Eastwood talks with Chief Judge Kozinski and Judge Fisher at the Ninth Circuit Judicial Conference. These days it’s exciting whenever Clint isn’t talking to an empty chair. Video embedded below… [YouTube]

    2 Comments / / Jul 30, 2014 at 5:06 PM
  • Incredible Hulk

    Advertising, American Bar Association / ABA, D.C. Circuit, Health Care / Medicine, Legal Ethics, Non-Sequiturs, Patents, Pets, Racism, Supreme Court

    Non-Sequiturs: 07.25.14

    * Proximate cause and the Incredible Hulk. Whatever, everyone knows Kirby was the real brains behind Palsgraf. [The Legal Geeks]

    * Someone is having fun with their RFAs: Admit… that we are going to whip the dog piss out of you. We were specifically chided: “please don’t say ‘only in Arkansas,’” so we won’t. You should feel free to say exactly that though. [Hawg Law Blog]

    * Not really surprising, but patent trolling is the worst it has ever been. I’ll sit here and wait for the New York Times to blame millennials. [io9]

    * The most important Supreme Court decision you’ve never heard of! Well, except I have heard of it. In fact, there was a year-long college debate topic about it. But it’s still important. [Washington Post]

    * What’s the appropriate sentence for having a dog off a leash? Confining the guy to a seven-county area? [LA Weekly]

    * Things to do in Denver when you’re a lawyer: allegedly scam a few million off a client. [Denver Post]

    * Meet the lawyer who came up with the quirky reading that got the D.C. Circuit to temporarily derail Obamacare. [Wall Street Journal]

    * Meanwhile, this title says it all about Halbig: “Well, Conjecture, Tendentious Misreadings, and Cherry Picking Are Kinds of Evidence.” Pour a little out for Lionel Hutz. [Lawyers, Guns & Money]

    * Everyday we (the ABA) hustlin’. [Law and More]

    0 Comments / / Jul 25, 2014 at 4:52 PM
  • saulgoodman__130409172658__130726211708-275x213

    Books, Constitutional Law, D.C. Circuit, Drinking, Health Care / Medicine, Non-Sequiturs, Patents, Sexual Harassment, Television

    Non-Sequiturs: 07.24.14

    * Have you all called the Breaking Bad law firm number yet? Because it works, so go for it! [Legal Cheek]

    * How to make airlines more profitable: make everyone sit on bicycle seats! [Lowering the Bar]

    * Ilya Somin explains why the D.C. Circuit’s interpretation in Halbig isn’t absurd. And it’s not absurd. It just reflects the hilariously cynical conservative opposition to giving their own citizens tax breaks. [The Volokh Conspiracy / Washington Post]

    * Ohio State fired its band director amid sexual harassment allegations. To fire a guy, Ohio State must have dotted every “i” in this investigation. [USA Today]

    * Speaking of sexual harassment, the Navy’s Blue Angels are the subject of a sexual harassment suit. And somehow it involves a blue and gold penis seen from space. [Slate]

    * The Chevron battle over Ecuador continues. Turns out the star witness Chevron paid upwards of $1 million to testify took 50 days of prep to finally get his ever-shifting story straight. [Huffington Post]

    * There’s a new book out called Kate’s Escape from the Billable Hour (affiliate link). We haven’t read it, but apparently this tale of “a burnt-out, second-year attorney working in the dysfunctional world of Big Law” mentions ATL. So they definitely did their research. [Amazon]

    * Watch a drunk guy give cops a lesson in Con Law. Video after the jump…. [Barstool Sports]

    0 Comments / / Jul 24, 2014 at 4:55 PM
  • Just try telling him to put out his smokes. Not gonna happen.

    4th Circuit, D.C. Circuit, Gay, Guns / Firearms, Health Care / Medicine, Non-Sequiturs, Police

    Non-Sequiturs: 07.23.14

    * Looming legal battle over the confidentiality agreement at the center of lawsuit over which team John Travolta plays for. [Gawker]

    * The fallout from yesterday’s Obamacare Appellageddon continues. The D.C. Circuit and the Fourth Circuit are going to have some awkward parties until this gets resolved. [Federal Regulations Advisor]

    * Somebody got confused and thought that Stand Your Ground laws applied to protect black people. [News 4 Jax]

    * In Louisiana, a justice of the peace is given public money to hire all their staff and buy all their equipment and pay themselves whatever salary they want out of the remainder. One guy had a very clever idea about how to allocate that money and it set off a legal fight. Oh, and apparently the best job in Louisiana is to be a constable. So now you know. [Times-Picayune]

    * Do you know the 12 Rules of Client Service? Are you at least ready to fight over them? [What About Clients?]

    * Newark police can’t even come up with constitutional excuses for 75 percent of what they do. [Slate]

    * Lululemon figured that patent trolls were onto something and patented its clothing designs and aggressively pursues anyone who dares design a tank top with a built-in bra. Who would ever have thought of such an original idea? [Jezebel]

    * The University of California is increasing non-resident enrollment for budget reasons. Law schools presumably follow suit. [TaxProf Blog]

    0 Comments / / Jul 23, 2014 at 5:03 PM
  • Beyond Biglaw

    Biglaw, Boutique Law Firms, Intellectual Property, Litigators, Patents, Small Law Firms, Technology

    Beyond Biglaw: When You Need It, Build It

    Would you be interested in getting automated alerts of new docket entries and opinions in the cases you are monitoring? A boutique law firm might have the solution for you.

    1 Comment / / Jul 22, 2014 at 10:17 AM
  • marijuana pot cannabis

    Barack Obama, Contract Attorneys, Laurence Tribe, Law Professors, Marijuana, Non-Sequiturs, Trademarks, United Kingdom / Great Britain

    Non-Sequiturs: 07.09.14

    * Seattle City Attorney Pete Holmes took advantage of Washington state law and purchased himself some legal pot yesterday, making him the highest-profile lawyer in the country. [Seattle Post-Intelligencer]

    * DC Comics blocked plans to build a memorial to a murdered 5-year-old Superman fan dressed in costume. Realizing that this was awful and stupid, they’ve reversed themselves. [Gawker]

    * New York Justice Roger Barto said he was attacked and beaten with a toilet seat. The police disagree. [WHAM]

    * Laurence Tribe recounting his experiences with a young Barack Obama. [Fiscal Times]

    * Remember when Justice Scalia screwed up that decision and quietly edited it hoping we wouldn’t notice? Well the days of the secret editing of SCOTUS opinions are over. [CREW]

    * The continuing coverage of the Donald Sterling trial: Sterling takes the stand. [mitchell epner]

    * We talk a lot about work-life balance among lawyers, but we don’t think much about the work-life balance among law professors. [TaxProf Blog]

    * If you wanted to understand the UK legal market, this infographic is basically “choose your own adventure” for a legal career across the pond. [Gorvins]

    * What do the former Biglaw Bigshot and Joan Rivers have in common? [Law and More]

    1 Comment / / Jul 9, 2014 at 5:02 PM