Trademark Law

* 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]

If such a shoe exists, the parties have not pointed to it, there is no evidence that Already has dreamt of it, and we cannot conceive of it. It sits, as far as we can tell, on a shelf between Dorothy’s ruby slippers and Perseus’s winged sandals.

– Chief Justice John Roberts, remarking in a recent opinion on the specific degree of fabulosity that would be required for Nike to renege on its covenant not to sue Already LLC for trademark infringement. The Supreme Court opinion can be found here.

A trademark cock-a-doodle-don’t.

We think that the Board did not err in concluding that the distinction between COCKSUCKER and COCK SUCKER is a distinction without a difference. So too the association of COCK SUCKER with a poultry-themed product does not diminish the vulgar meaning – it merely establishes an additional, non-vulgar meaning and a double entendre.

This not a case in which the vulgar meaning of the mark’s literal element is so obscure or so faintly evoked that a context that amplifies the non-vulgar meaning will efface the vulgar meaning altogether. Rather, the mark is precisely what [appellant] Fox intended it to be: a double entendre, meaning both “rooster lollipop” and “one who performs fellatio.”

– Circuit Judge Timothy Dyk, affirming on behalf of a three-judge panel of the Federal Circuit the Trademark Trial and Appeal Board’s prior affirmance of an examiner’s refusal to register the mark “COCK SUCKER” for rooster lollipops.

Tebowing®

* “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]

Change is in the air! And it’s not just pollen. On the heels of an explosion of popular interest in (and subsequent boredom with) intellectual property, stemming from the Apple v. Samsung case, as well as new IP regulatory changes, the time is right to take IP reform to the streets! Let’s burn this mother down… or crowd-source it, at least.

A new partnership between the U.S. Patent Office, Google, and popular tech website Stack Exchange, will recruit average Americans to help end the patent wars. Take that, rounded corners!

double red triangle arrows Continue reading “Thanks to Cool New Crowd-Sourcing Website, Now You Can Help Prevent Bogus Patents”

After more than a year of litigation, fellow fashionistas can finally rejoice, because thanks to the Second Circuit, French fashion house Christian Louboutin is officially entitled to trademark protection for its signature red-soled shoes. It seems that the epic judicial shoedown against Yves Saint Laurent is at its end.

But not so fast, ladies. Before you shake your Loubooties on the catwalk at Fashion Week, you may be interested to know that this was only a partial victory for everyone’s favorite luxury shoemaker.

The Second Circuit made a rather important distinction in its opinion today — one that seems a bit antithetical to Louboutin’s desires, considering the fact that it’s what prompted the underlying lawsuit in the first place….

double red triangle arrows Continue reading “Christian Louboutin No Longer Seeing Red After This Second Circuit Trademark Ruling”

A cease and desist letter is going viral today, and all because it’s full of a little southern hospitality.

When I think of Jack Daniels, I think of getting drunk and saying outrageous things. I think of being sad and drowning my sorrows. I think of getting loaded and losing bar fights.

I don’t think of diffusing tense situations with reason and civility.

I’m going to guess that the lawyers for Jack Daniels who wrote this cease and desist letter didn’t have any of their client’s product before sending it out. It’s way too nice. In fact, it’s probably the nicest cease and desist that anybody has ever seen….

double red triangle arrows Continue reading “Cease And Desist Letter of the Day: Captain Jack Doesn’t Need Mean Lawyers”

Two porn stars made a “bet” on Twitter that they’d perform oral sex on fans of the Miami Heat if the team won the NBA championship. I’m not sure what these ladies agreed to do if the Heat lost; I’m going to pretend that they promised to “go back to college and blow your minds,” because I like the thought of LeBron being blamed for ruining their chances at an education.

In any event, the Heat won, and the women committed to going through with their dare. They set up a website, TeamBJNBA, to promulgate the rules of their free giveaway — because if they were paid to service the fans, THAT would be wrong and illegal.

But it appears that the NBA noticed their branding. I can only imagine the kind of person who would be confused into thinking that the NBA now sponsored BJs for fans of championship teams… though if they did, I suspect interest in the league would increase exponentially. The NBA moved to stop the giveaway, but you can’t keep good girls up off their knees.

Details, pictures, silicone, and notes on how to retrieve your champion rewards to follow….

double red triangle arrows Continue reading “Porn Stars Offer Free BJs to Miami Heat Fans, Cause NBA Lawyers To Stand At Attention”

A real 'Lewis' Vuitton?

* “At the Supreme Court, those who know, don’t talk. And those who talk, don’t know.” If that’s the case, then there must be a lot of people who “don’t know” — it’s rumored that the Court’s decision on Obamacare will be released today. [CNN]

* Dewey know what kind of news this week’s conference call will bring for the failed firm’s former partners? On Tuesday afternoon, we might get some information on the status of a global partner contribution plan. [WSJ Law Blog]

* Guys in my high school ambassadorial nominations pool used to have extramarital affairs with WSJ reporters all the time, it was no big deal. Obama still supports Brett McGurk, despite his racy emails. [Reuters]

* The $64,000 question in the Jerry Sandusky case: will the allegedly histrionic former football coach take the stand to testify in his own defense? He should, because apparently it’s his “only shot.” [Legal Intelligencer]

* Looks like Facebook decided to initiate the use of a proverbial “dislike” button when the company pointed the finger at NASDAQ in defense against dozens of lawsuits over its incredibly glitchy IPO. [New York Daily News]

* It’s actually possible to have an “offensive personality” as a matter of law: former prosecutor Kenneth “I Am the Prize” Kratz will plead no contest to six ethics violations for his sordid sexting scandal. [Associated Press]

* “Careful … that is a Lewis [sic] Vuitton.” It seems that at least one federal judge in Manhattan holds comedic value to a higher standard than our favorite fashion house’s trademark infringement claims. [Chicago Tribune]

* Loose lips may sometimes sink ships, but not all gossip is bad. After all, without gossip, your ATL editors wouldn’t be able to bring you some of the juiciest stories out there in the legal world. [New York Times]

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