Intellectual Property

  • Redskins

    D.C. Circuit, Football, Quote of the Day, Racism, Trademarks

    Redskins Really Hoping For Judge Who Has Never Read A Dictionary

    A long time ago, one judge thought Native Americans weren’t necessarily offended by “Redskins.” Washington is really hoping they find another judge like that.

    37 Comments / / Jun 19, 2014 at 4:04 PM
  • Washington-Redskins-Helmet-2

  • iStock_000016329481Small

    Football, Gay, Labor / Employment, Law Schools, Non-Sequiturs, Patents, Pets, Tax Law

    Non-Sequiturs: 06.11.14

    * The intellectual property history of dog leashes. How long is a patent in dog years? [Slate]

    * Trinity Western University, the new law school that bans gay people, just earned a thumbs down vote from thousands of area lawyers objecting to its accreditation. [CBC]

    * 10 real-life laws that regulate the supernatural world. [io9]

    * There’s a new bill of rights in this country and it comes from the IRS. The right to basically avoid taxes is only on the form for rich people. [TaxProf Blog]

    * Mass incarceration in this country degrades citizenship. Sadly, this statement needed to be made. [Boston Review]

    * After receiving an award, a young lawyer blasts legal aid cuts. [Legal Cheek]

    * The Daily Show examines the ongoing effort to unionize college football with commentary by Dee Dee Benkie. She’s wrong of course — college football unions would work like professional sports unions representing players who face exactly the same workplace hazards, instead of stereotypical longshoremen — but it’s good to see even an anti-union advocate agreeing that players deserve something more than what they currently get. Video below…. [The Daily Show]

    1 Comment / / Jun 11, 2014 at 5:02 PM
  • UpCounsel logo

    Biglaw, Boutique Law Firms, Intellectual Property, Partner Issues, Patents, Small Law Firms, Solo Practitioners, Technology

    Beyond Biglaw: Up, Up and Away…

    Columnist Gaston Kroub, Biglaw partner turned boutique firm founder, tries out a new service for finding clients.

    5 Comments / / Jun 10, 2014 at 10:16 AM
  • 320px-Beastieboys-sonar07

    Copyright, Labor / Employment, Legal Ethics, Music, Non-Sequiturs, Politics, Student Loans

    Non-Sequiturs: 06.06.14

    * Beastie Boys prevail in another intellectual property fight. This time winning $1.7 million from Monster Energy — the drink that guarantees you’ll get no sleep until Brooklyn. [Grantland]

    * Law school hands out the wrong exam. To the whole class. [Legal Cheek]

    * Best politico defense of taking a bribe: I was too drunk to realize I was being bribed! [New York Post]

    * Lawyer wrote “go ahead and disbar me” to Departmental Disciplinary Committee. Sometimes there’s no just bluff to call. [Legal Profession Blog]

    * One more problem with high student debt: debt alone can nix your character and fitness approval. [Arizona Law Review]

    * A celebration of courtroom illustrators in light of the release of The Illustrated Courtroom: 50 Years of Court Art (affiliate link) [Illustrated Courtroom]

    * Vice Media is doing tremendous work exposing injustices. Perhaps they need to look into their own office… [Capital New York]

    * In a comical bout of karma, a landlord sued its blogger resident for alleged defamation. Next thing you know, HUD inspection records come to light. Let’s just say the landlord should be very unhappy that truth is a defense. [Columbus Dispatch]

    * Check out the conclusion of ReplyAll’s conversation with John Grisham. [Above the Law]

    * Do you think someone is not happy with Jones Foster’s billing practices?

    3 Comments / / Jun 6, 2014 at 4:43 PM
  • Johnny Manziel (By: Thomas Campbell-USA TODAY Sports)

    Citigroup, Football, Jed Rakoff, Jonathan Lee Riches, Law Reviews, Legal Ethics, Non-Sequiturs, Patents, Pornography, SCOTUS, Securities and Exchange Commission, Supreme Court, White-Collar Crime

    Non-Sequiturs: 06.04.14

    * Sad day for Jonathan Lee Riches. His lawsuit over Johnny Manziel’s penis has been thrown out of court. [Black Sports Online]

    * Hot on the heels of yesterday’s item about SCOTUS porn parties, Professor Tribe guest blogs about his new book (affiliate link) and coercion, bribery, and influence. [The Volokh Conspiracy / Washington Post]

    * Former Brooklyn DA and aspiring TV star Charles Hynes is staring down larceny accusations. [Gothamist]

    * Texas basically assigns a cop to actively discourage investigate indigent parties seeking assigned counsel. [Socialist Gumshoe]

    * The Supreme Court doesn’t like talking about patents — its opinions on the subject are getting shorter and shorter. [Patently-O]

    * A lawyer is in hot water for allowing underaged drinking at a post prom party. The point was to keep the kids from driving. But no good deed goes unpunished. [Turn to 10]

    * An interesting profile of one of my favorite professors, Ken Feinberg, labeling him “the lawyer who decides what a life is worth.” Yikes. [KDVR]

    * The business strategy of just telling clients what they want to hear deflates. [Dealbreaker]

    * Who says no one reads law reviews? The porn industry does and they really like this student Note. [XBiz]

    * This is why we can’t have nice things. Second Circuit explains that if a revolving door agency of sycophants says it’s OK, it’s OK. Full opinion below…. [New York Times]

    3 Comments / / Jun 4, 2014 at 5:03 PM
  • Maiko Maya King

    Gloria Allred, Intellectual Property, Law Schools, Marijuana, Morning Docket, New York Times, Patents, Politics, Racism, Sexual Harassment, State Judges Are Clowns, Trademarks

    Morning Docket: 06.04.14

    * The U.S. Patent and Trademark Office has been operating without a director for almost a year and a half, and Sen. Orrin Hatch is calling it “inexcusable.” Here’s his politely pissed off letter to President Barack Obama. [Corporate Counsel]

    * The chief judge of Florida’s 18th Judicial Circuit Court wants you to know Judge John “I’ll Just Beat Your Ass” Murphy’s behavior “in no way reflects the typical manner that courtrooms are managed … in this circuit.” [WSJ Law Blog]

    * Weed has been legal and free flowing in Colorado for months, but now the state is starting to see its dark side. It seems morons who get too high are accidentally killing themselves and others. [New York Times]

    * InfiLaw’s bid to purchase Charleston Law reached the pages of the NYT, with a shout-out to one “scrappy website” that referred to the company by its one true name: “diploma mill.” [DealBook / New York Times]

    * “Why would you bring black people into the world?” An ex-lover/employee of Donald Sterling is suing him for racial and sexual harassment over lovely comments like this. She’s repped by Gloria Allred. [CNN]

    1 Comment / / Jun 4, 2014 at 9:08 AM
  • Led_Zeppelin_-_Led_Zeppelin_IV

    Copyright, Intellectual Property, Lawsuit of the Day, Music

    Did Led Zeppelin Steal Music From Someone Other Than Robert Johnson?

    Attorney Francis Malofiy is back and this time he’s suing Led Zeppelin for allegedly failing to buy the Stairway to Heaven.

    7 Comments / / Jun 3, 2014 at 1:44 PM
  • Elsa_(Frozen_2013)-RF

    Copyright, Movies, Technology

    Hell Freezing Over? Disney Realizing That Fans Celebrating ‘Frozen’ By Infringement May Be A Good Thing

    A giant media conglomerate realizes it’s a good thing when everyone is talking about their product.

    3 Comments / / May 30, 2014 at 10:04 AM
  • Paris Hilton legal trial lawyer law school nude hottie

    Deaths, Federal Judges, Non-Sequiturs, Paris Hilton, Patents, Prisons, S.D.N.Y., Technology

    Non-Sequiturs: 05.28.14

    * In sad news, Judge Harold Baer Jr. died last night. A giant of the Southern District of New York, Judge Baer will be remembered for his sound judicial temperament and his biting wit. [New York Law Journal]

    * Paris Hilton hit with $2 million lawsuit for breaching a footwear deal. Does anyone still care enough about Paris Hilton to sign her to multi-million dollar sponsorship deals? [Radar Online]

    * Kamala Harris may have a bright future, but her present has some issues. She started a task force to go after foreclosure consultant fraud and managed to pursue only 10 cases, fewer than her colleagues in other states despite California’s foreclosure crisis. Part of having a prestigious job is actually doing it. [East Bay Express]

    * A Texas woman has filed suit claiming she was forced to give birth in solitary confinement, begging for — and not receiving — medical care. The baby died. But, hey, the baby came out of her, so it’s not a problem whether it lives any more in conservative Texas. [Feministing]

    * Judge allows Bank of America to continue foreclosing on the home of Burt Reynolds. And somewhere Alex Trebek smiles. [WPEC]

    * More on the female brain drain at law firms and how to fix it. [She Negotiates]

    * 5 awesome charts that prove that patent litigation is officially out of hand. [Vox]

    * Ray Rice’s lawyer offers a hypothetical of the videotaped altercation between Rice and his now-wife. This is why lawyers shouldn’t use hypotheticals. [Sports World News]

    * Is there really a “third way” when it comes to Net Neutrality? This article makes a good case for rules allowing providers to take reasonable actions to address the different needs of Skype vs. email. [The Hill]

    * Law firms are starting to think like media companies. Next thing you know, Biglaw will be all Hollywood. Video after the jump…. [Mimesis Law]

    6 Comments / / May 28, 2014 at 5:00 PM
  • Mahbod Moghadam, formerly of Rap Genius

    Antonin Scalia, Biglaw, Dewey & LeBoeuf, Federal Circuit, Federal Judges, Guns / Firearms, Law School Deans, Law Schools, Morning Docket, Patents, SCOTUS, Supreme Court, Violence

    Morning Docket: 05.27.14

    * Supreme Court justices are “basically rewriting the law,” sometimes years after the fact. As it turns out they’ve been quietly “changing the wording of opinions” — sometimes, even our legal idols make mistakes. [New York Times]

    * Many law school deans at leading law schools are pretty pissed off about Justice Antonin Scalia’s latest criticisms of the legal academy. Please, continue taking “Law and Unicorns.” It’s a real class, we promise! [National Law Journal]

    * Judge Randall Rader, who recently resigned as the Federal Circuit’s chief judge, released a memo to his colleagues apologizing for his scandalous recusals in a pair of patent cases. Poor guy. [WSJ Law Blog]

    * Peter Alexander, Indiana Tech Law’s dean, has resigned less than a year after opening the school’s doors. The school’s interim dean doesn’t use capital letters in his name. That’s cute. [Journal Gazette]

    * Très, très déclassé: Mahbod Moghadam, formerly of Dewey & LeBoeuf, was fired from Rap Genius after he inappropriately annotated suspected Santa Barbara shooter Elliot Rodgers’s manifesto. [Re/code]

    14 Comments / / May 27, 2014 at 9:08 AM
  • 474px-Van_Gogh_Self-Portrait_with_Straw_Hat_1887-Metropolitan

    Art, Copyright, Intellectual Property, Technology

    Metropolitan Museum Of Art Claims Copyright Over Massive Trove Of Public Domain Works

    One of the world’s premium art museums also doesn’t get the basics of copyright.

    18 Comments / / May 23, 2014 at 11:07 AM
  • 444px-Usher_Raymond_by_Sandra_Alphonse_(Straighten_Crop)-RF

    Attorney Misconduct, Benchslaps, Celebrities, Copyright, Depositions, Legal Ethics, Music

    Lawyer Suing Usher Gets Benchslapped Into The Stone Age

    There is conduct that receives warrantless benchslaps from cranky judges. This is not that conduct.

    12 Comments / / May 22, 2014 at 2:30 PM
  • Wang Dong

    Copyright, Department of Justice, Football, Law Schools, Non-Sequiturs, Technology

    Non-Sequiturs: 05.20.14

    * The best part of the DOJ’s charges against the Chinese hackers is definitely the fact that we now have a “Wanted” poster for “Wang Dong.” Third graders of the world, go ahead and snicker. [What About Clients]

    * This is a literal way of sticking it to the banks — man arrested for attempting to have sex with an ATM machine. He was charged with public intoxication. And solicitation… goddamned $3.00 out of network charge. [The Smoking Gun]

    * A new NFL lawsuit alleges that the NFL illegally used painkillers to cover up injuries. This story is brought to you by the letters D, U, and H. [Sports Illustrated]

    * In an interview, the admissions dean of the University of Texas says the school “extend[s] opportunities to students who aren’t 100% perfect on paper.” No kidding. [Tipping the Scales]

    * Australian lawyers are trying to argue that their cease and desist letters are copyrighted and cannot be republished. Professor Volokh explains why that’s not a viable argument in the United States. We. Totally. Concur. [The Volokh Conspiracy / Washington Post]

    * A transwoman was denied a requested name change. The judge? The former counsel to Liberty University. Of course. [GayRVA]

    * Twitter icon Judge Dillard cited Wikipedia in a decision. Didn’t Keith Lee just have an article about that? [Court of Appeals of Georgia]

    * More analysis of Gaston Kroub’s look at Biglaw’s Scarlet Letter. [Law and More]

    * The DOJ announced that LSAC will pay $7.73 million and institute systemic reforms over its ADA violations. If only the DOJ could get on top of LSAC’s problems securing your private personal information. [U.S. Department of Justice (press release)]

    4 Comments / / May 20, 2014 at 5:10 PM
  • led-zeppelin-iv-1125

    1st Circuit, Antonin Scalia, Copyright, Elena Kagan, Music, Non-Sequiturs, Privacy, SCOTUS, Supreme Court, Technology

    Non-Sequiturs: 05.19.14

    * Justice Kagan received a Supreme Court fact check when she confused the site of the nation’s oldest standing synagogue with the home of the nation’s first Jewish community. At least she didn’t make a mistake about the actual law that she actually wrote. [WSJ Law Blog]

    * Justice Scalia may not understand how cell phones work, but even he gets net neutrality — because it’s a lot like pizza. [The Atlantic]

    * Marc Randazza describes the need for a right to be forgotten online. Getting forgotten online? Hey, we found a new job for Jill Abramson. [CNN]

    * A woman threatened to shoot up a South Carolina Burger King over a stale roll. Don’t tell her what “pink slime” is. [New York Daily News]

    * Cops arrest upwards of 40 people while trying to catch a bank robber. When you read the whole history, it’s actually surprising they weren’t limiting their search to people in stripes carrying bags with dollar signs on them. [Slate]

    * Corporate lawyer fits right into the rising phenomenon of “Bulls**t Jobs.” [Strike! Magazine]

    * Earlier today we wrote about a possible crowdfunded lawsuit. Here’s a discussion of legal issues involved in crowdfunding generally. [IT-Lex]

    * Sen. Rand Paul has a stupid idea, so he’ll probably convince a bunch of liberals to go along with it. And that would be bad news for Professor David Barron’s nomination to the First Circuit. [New Republic]

    * Led Zeppelin is getting sued over allegedly stealing the opening riff from Stairway to Heaven. It turns out there’s some band out there who’s sure that all that glitters is gold and they want some of it. A clip of the alleged original below…. [The Guardian]

    3 Comments / / May 19, 2014 at 5:04 PM
  • Apple logo 2

  • man pulling hair out

    Intellectual Property, Patents, Rudeness

    ‘Dear Piece Of Sh*t': A Great Response To A Patent Troll

    Sometimes patent trolls need to be trolled themselves.

    30 Comments / / May 19, 2014 at 1:15 PM
  • En garde, esquires of the Biglaw realm!

    Basketball, Biglaw, Cars, Google / Search Engines, In-House Counsel, Law Firm Mergers, Law Firm Names, Money, Morning Docket, Patents, Patton Boggs, Racism, Real Estate, Technology

    Morning Docket: 05.19.14

    * Partners from Patton Boggs and Squire Sanders may vote on their merger sometime this week. Get ready to say hello to Squire Patton, House of Boggs, Hodorific of Its Name. [Reuters]

    * “[E]xcuse me, sir, you may not be here in five years.” Biglaw firms are becoming more “egalitarian” about office space because attorneys have expiration dates. [National Law Journal]

    * After a flat year in 2013, and much to Biglaw’s chagrin, “[i]t is going to be harder to sustain year-over-year profitability gains.” Oh joy, time to power up the layoff machine. [Philadelphia Inquirer]

    * Tech giants Apple and Google have called a ceasefire in their dueling patent suits in a quest to reform patent law — and so Apple can concentrate all of its efforts on suing the sh*t out of Samsung. [Bloomberg]

    * GM’s in-house legal department is being heavily scrutinized in the wake of the car maker’s ignition switch lawsuit extravaganza. You see, friends, people die when lawyers don’t even bother to lie. [New York Times]

    * Donald Sterling found a lawyer willing to represent him, an antitrust maven who thinks the NBA should take its ball and go home because “no punishment was warranted” in his client’s case. [WSJ Law Blog]

    0 Comments / / May 19, 2014 at 9:12 AM
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