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.”
The Beatles’ company, Apple Corps, sued Apple Computer in Britain. Who prevailed in this legal battle of the Apples?
Which “out of control” celebrity just got super-snarky in responding to a cease and desist letter?
Where are the five departing trademark attorneys going? And what else is happening over at Finnegan Henderson?
* Like any lawyers worth their salt, attorneys for the Obama administration are wasting precious time and procrastinating on whether they’ll weigh in on the Supreme Court’s Prop 8 case. [Wall Street Journal (sub. req.)]
* The nation’s largest companies, on the other hand, filed a brief with the Supreme Court concerning the DOMA case. Of course, they care more about money than people, but that’s beside the point. [New York Times]
* Lanny Breuer took his sweet time turning in his resignation from the top post of the DOJ Criminal Division, but his acting successor was named quite quickly. Welcome aboard, Mythili Raman. [Blog of Legal Times]
* Francine Griesing, the ex-Greenberg Traurig partner who alleged the firm was a “boys club,” agreed to mediate her claims. Too bad, we hoped something would actually happen with this case. [Legal Intelligencer]
* Hoping to get all your law school applications out before that looming March 1 deadline? Not gonna happen. LSAC’s site has been borked since Tuesday. Take this for the obvious sign that is is! [National Law Journal]
* Surprisingly not from The Onion: the Vatican wants to call the retiring pontiff “Pope Emeritus,” but a California rapper that no one’s ever heard of is threatening trademark litigation to stop it. [Borowitz Report / New Yorker]
* Save for an unintelligible joke made last month, it’s been seven years since Clarence Thomas has spoken during oral arguments, much less asked a question, but with no offense to his colleagues, he’d rather “allow the advocates to advocate.” [Washington Post]
* Sorry, members of the American public, but something like 95 percent of you are too stupid to understand what’s going on during Supreme Court hearings, so there’s no point in having cameras in the courtroom to film them. (Sotomayor, J.) [New York Times]
* “Having an empty bench means people don’t get their cases heard,” but it seems like Senate Republicans could not care less. Obama’s facelift for the federal judiciary is going to have to wait a little while longer. [San Francisco Chronicle]
* A lawgasm for prestige nerds: the Harvard Law Review received federal trademark protection, and with that, the number three law school in the country gained some bragging rights over Yale. [Daily Report (reg. req.)]
* Oh my God, you guys, law school applications are down, no one can find jobs, and recent graduates are in debt up to their eyeballs. This is totally new information that no one’s heard before. [Pittsburgh Post-Gazette]
* Turning to your parents for law school advice is perhaps the worst idea in the world — after all, they’re the cause of your “special little snowflake” syndrome in the first place. [Law Admissions Lowdown / U.S. News]
Tiffany sues Costco to protect its brand on behalf of people dumb enough to believe anything.
Airplanes / Aviation, Basketball, Biglaw, Blogging, Contracts, Douglas Berman, Education / Schools, Environment / Environmental Law, Federal Government, Intellectual Property, Law Professors, Mergers and Acquisitions, Morning Docket, Politics, Sentencing Law, State Judges, Trademarks, Wall Street
* What to do when your federal agency’s website has been hacked by Anonymous and you’re unable to post a major report online for public dissemination? Well, just ask a law professor to do it for you on his blog; that’s not embarrassing, not at all. [WSJ Law Blog]
* The many victims of the Deepwater Horizon disaster can now rejoice, because yesterday, Transocean pleaded guilty to violating the Clean Water Act, and will pay the second-largest environmental fine in United States history to the tune of $400 million. [CNN]
* Money takes flight: eleventy billion Biglaw firms are behind the beast that is this awful airline merger, but taking the lead are lawyers from Weil Gotshal for AMR and Latham & Watkins for US Airways. [Am Law Daily]
* After questioning the validity of one of the NBA players union’s contracts, Paul Weiss is withholding details about it thanks to the government’s intrusion. Way to block nepotism’s alleged slam dunk. [New York Times]
* “When is the last time you took the biggest financial institutions on Wall Street to trial?” Elizabeth Warren took the Socratic method to the Senate Banking Committee and she was applauded for it. [National Law Journal]
* If you liked it, then perhaps you should’ve put a ring on it, but not a Tiffany’s diamond engagement ring that you’ve purchased from Costco, because according to this trademark lawsuit, it may be a knockoff. [Bloomberg]
* “We feel very badly for Megan Thode.” A Pennsylvania judge ruled against the Lehigh student who sued over her grade of C+ because let’s be serious, did ANYONE AT ALL really think he wouldn’t do that?! [Morning Call]
A Super Bowl commercial that makes fun of the NFL’s hyperactive trademark bullying? Let’s see it!
We’ve all heard how dysfunctional entry-level legal recruiting is: Inordinate expense, decisions made on the briefest of subjective impressions with opacity all around, and what do firms reap for all their efforts? Shocking attrition rates among junior associates. It’s time for a conference on what could work better, and this is it.
* So, this happened over the weekend: Anonymous hacked the U.S. Sentencing Commission’s website and is threatening to release government secrets about the DOJ (and possibly all nine of our Supreme Court justices) unless the legal system is reformed. [CNET]
* A spoonful of sugar makes the lawyering go down? Apparently the best way to remind lawyers that they need to act civilly is through song. Or through Above the Law posts, but we aren’t in the habit of hosting sing-a-longs like the New York Inn of Court did. [Wall Street Journal]
* “[U]nless there are major changes in the legal industry,” law school administrators shouldn’t expect people to apply in droves, especially when they’re now fleeing like rats from a sinking ship. [National Law Journal]
* Arizona’s Supreme Court will allow people to take the bar exam after two years of study, but come on, the justices don’t want to jump the shark by allowing online law grads take the test, too. [East Valley Tribune]
* Tim Tebow got to trademark Tebowing, so why shouldn’t Colin Kaepernick get to trademark Kaepernicking? All the San Francisco 49ers quarterback wants to do is sell some inevitably overpriced t-shirts. [NBC Bay Area]
* An appeals court threw out two of Casey Anthony’s convictions, but her legal drama is far from over. The ex-MILF filed for bankruptcy to escape nearly $1 million in liabilities, including Jose Baez’s legal fees. [CNN]
* Lanny Breuer’s resignation from his post as the assistant attorney general for the Criminal Division of the Department of Justice is neither fast nor furious enough for his critics. [Blog of Legal Times]
* “I don’t reimburse for taxi and car services around Manhattan.” Judge Martin Glenn is none too pleased with costly expenses billed to the Dewey & LeBoeuf bankruptcy estate by Togut, Segal & Segal, and he’s started slashing fees left and right. [Am Law Daily]
* The Florida Space Coast School of Law? This totally necessary school has a name that no one will ever be able to make fun of. Please let there be an equally necessary space law concentration. [Daytona Times]
* “Being rude is not illegal,” but thanks to The Dirty, it might have some damning consequences for CDA § 230. Maybe it’s a good thing the jurors in this sexy teacher’s defamation case were deadlocked last night. [KY Post]
* Julie Taymor settled her suit against the producers of Broadway’s musical adaptation of Spider-Man. It turns out all the judge had to do was schedule a trial date to get the parties to turn off the dark litigation. [Bloomberg]
* Here’s an example of legal Kaepernicking: the NFL got to flex its muscles when it strong-armed a football fan into abandoning his trademarks on “Harbowl” and “Harbaugh Bowl” in anticipation of the Super Bowl. [ESPN]
* “You’re paying a partner $800 to $1,000 an hour and they’re charging you because they ordered sushi.” In-house counsel are paying more attention to their bills, and they’re refusing to pay for things like photocopies and food. [Wall Street Journal (sub. req.)]
* According to litigators, who are the ten most notable federal district court judges to watch? Three come from S.D.N.Y., but one from N.D. Cal. captured our hearts this summer when she asked counsel for Apple if he was “smoking crack.” [American Lawyer]
* A guide for law students with disabilities says: “If you are thinking that you’re a shoe-in for LSAT accommodations since you had accommodations in undergrad, think again.” But thanks to these suits, LSAC’s policies may soon be changing. [National Law Journal]
* Seeing as there are only nine law schools in Illinois, and given the abysmal job market for new law grads, it’s clear the state needs a tenth school. Say hello to Bradley University College of Law. [Peoria Journal Star]
* Jets backup quarterback Tim Tebow trademarked “Tebowing.” Yes, seriously. But don’t worry, he didn’t do it to make money, he just wants to “control how it’s used, make sure it’s used in the right way.” [Washington Post]
* Oh, by the way Dewey & LeBoeuf partners, the little contribution plan you signed that received court approval last week might not protect you from your former landlord’s claims for back rent. Hope you’ve all got an extra $45 million sitting in the bank. [Am Law Daily]
* Louisiana Supreme Court Justice Bernette Johnson will finally get to claim her seat as chief justice of the state’s high court after official judicial recognition — on both the state and federal level — that the year 1994 does indeed come before 1995. [Bloomberg]
* No matter how hard law school administrators wish it were so, or how much they beg Jim Leipold of NALP, he’s never going to be able to describe the current entry-level legal job market as “good.” [WSJ Law Blog]
* NYU Law School is changing its third-year program in the hopes of making a “good” market materialize. If you ship students to foreign countries for class, maybe they’ll get jobs there. [DealBook / New York Times]
* “[W]e’re determined to do everything we can to help them find jobs and meaningful careers.” We bet Brooklyn Law’s dean is also determined to avoid more litigation about employment statistics. [New York Law Journal]
* Has the other shoe finally dropped? After the Second Circuit ruled that YSL could sell monochromatic shoes, the fashion house decided to drop its trademark counterclaims against Christian Louboutin. [Businessweek]
Jack Daniels has some mighty nice lawyers…