Trademark Law

If you enjoy fashion, check out our sister site, Fashionista.com.

Fashion law is a quickly-growing specialty practice area — a place where lawyers can aspire to dress stylishly while honing their legal skills in the glamorous world of haute couture law. You may never see all of the models and bottles a career in law once guaranteed, but you might get to work on their contracts.

A lawyer working in the business of beauty can expect to do a great deal of intellectual property work (after all, trademark law is sexier when you’re doing it in designer duds). An IP student group at a leading law school took that to heart, and decided to hold a symposium on the topic of fashion law.

The students pulled out all the stops for the event: they got Biglaw sponsorship, they created an eye-catching flyer, and they lined up some of the greats of the fashion law world to speak. Needless to say, they expected a great turnout.

What they didn’t expect was to be on the receiving end of a cease and desist letter from a high-end fashion house….

double red triangle arrows Continue reading “A Top Law School Tells a High-End Fashion House Where to Stick Its Cease and Desist Letter”

While most of America has been going gaga for God’s new chosen athlete, Jeremy Lin, I’ve been quietly lamenting the fact that my own hometown TTT excuse for an NBA team, the Golden State Warriors, were the ones who gave him up.

it seems like everyone wants a piece of the Linsanity, even on a legal level. Last week we wrote about a man with no actual connection to Jeremy Lin who tried to trademark “Linsanity.” That guy simply, “wanted to be part of the excitement.” Sure, by making money off of someone else’s name, whatever. Since then several more people have attempted the same absurd bandwagoning.

But finally, Jeremy himself has filed an application to trademark his own catchphrase. Shocking, right?

double red triangle arrows Continue reading “Will the Real Jeremy Lin Please Stand Up? And Then He Can File a Trademark Claim for LINsanity”

If you think I'm not ordering Jeremy Lin's #4 Crimson jersey you haven't been paying attention.

Thank God Jeremy Lin didn’t have a Tiger Mother. Professor Amy Chua would have prevented Jeremy Lin from playing sports and he’d probably be in law school now instead of saving the New York Knicks.

If you haven’t been following Jeremy Lin and the #LINSANITY phenomenon, GTFO here’s a quick recap: Taiwanese-American kid from California plays basketball for Harvard, goes undrafted by the NBA, gets cut by two teams, ends up getting some run for the Knicks because of teammates’ injuries, and then scores more points in his first five starts than anybody else in the history of the NBA — helping the Knicks to win six (and counting) games in a row.

It’s a great story. Lin has overcome a lot to get here. I mean, the story of the kid who goes to Harvard and remains humble instead of becoming a self-important douchebag is a Lifetime movie in and of itself.

Basketball pundits have been dissecting his game like the kid is the second coming of Tim Tebow. Cowardly boxers with a history of anti-Asian bigotry are tweeting about Lin because they’d rather pick on the Harvard kid than take their ass-kicking from Manny Pacquiao.

And I can’t wait, I mean I literally cannot wait, for Lin to really get into it on the issue of Taiwanese LINdependence from China. Kid went to Harvard, you know he has a considered opinion. When the history of World War Three is written, will it say it started with a point guard on the New York Knicks?

There are so many angles to this thing, but we’re going to focus on the legal one. Who owns the term “LINSANITY,” which became the hashtag associated with the Lin phenomenon?

double red triangle arrows Continue reading “LINtellectual Property Concerns To Entertain Ivy League Grads Who Aren’t LINSANE”

* A tentative deal to extend the payroll tax holiday and unemployment benefits has been reached. Is anyone else having a serious case of déjà vu right now? Didn’t we do this already? [Washington Post]

* Investigators in Whitney Houston’s drug probe want her prescription records. We should take Tony Bennett’s advice: if all drugs were legal, we wouldn’t worry about stars ODing on pills. [New York Daily News]

* Paul Ceglia didn’t want to pay Facebook’s Biglaw bill for 177 hours of legal work, so the judge slashed the price to $75,776. At just $428 an hour, how will these lawyers feed their families? [Los Angeles Times]

* More and more law school deans and law professors keep jumping ship to run colleges and universities. Hey, it’s easier to milk the campus cash cow when you’re in charge. [National Law Journal]

* Chris Christie took a break from complaining about New Jersey’s gay marriage bill to complain about how his nominees for the state Supreme Court haven’t been confirmed in record time. [Star-Ledger]

* Jeremy Lin fever has reached the U.S. Patent and Trademark Office as people try to file applications for the mark “Linsanity.” Weird, doesn’t Lindsay Lohan already have dibs on that? [Businessweek]

Beyoncé

* “All My Justices” may soon be coming to daytime television station near you. In a close vote, the Senate Judiciary Committee approved a bill that calls for television access to Supreme Court proceedings. [Legal Times]

* A former Cravath associate’s law license has been suspended as a result of a DV assault charge. For every day spring bonuses go unannounced, another CSM attorney will do something to embarrass the firm. [Am Law Daily]

* Duncan Law wants wants a judge to reconsider an injunction, claiming “eight students have withdrawn” since its accreditation was denied. In other news, only eight students at Duncan Law have half a brain. [National Law Journal]

* If you liked it, then you should’ve put a trademark on it. Jay-Z and Beyoncé have filed a trademark application for their daughter’s name. Nothing says love like exploitation. [New York Post]

* Remember the siblings involved in a nationwide manhunt last summer? Stripper and bank robber extraordinaire Lee Grace Dougherty pleaded guilty, and now faces up to 28 years in jail. [New York Daily News]

Cristina Fierro: not of age.

* Here’s something that’s actually worth crying over instead of your “meh” bonuses. Much like this year’s Cravath scale, Biglaw pro bono hours will likely be stagnant or cut altogether. [Fortune]

* What’s the point of fleeing if you’re just going to let yourself get extradited? Ex-Crowell & Moring counsel, Douglas Arntsen, will return to New York to face grand larceny charges. [New York Law Journal]

* Knock it off: the feds took down 150 sites selling counterfeit goods yesterday, alleging willful copyright infringement. So much for all of those too-good-to-be-true Cyber Monday deals. [Blog of Legal Times]

* It’s pretty much impossible for Gloria Allred to take a client who doesn’t have a vagina. Her latest litigant, 16-year-old Cristina Fierro, is suing Lawrence Taylor for sex trafficking. [New York Post]

* Finally, some Spider-Man drama that we can get behind, unlike that Turn Off the Dark crap. Tobey Maguire has settled his illegal poker lawsuit, and he didn’t even have to go all in. [CNN]

* Sorry, Chick-Fil-A, but no one is going to be confusing your “chikin” trademark with kale. Maybe like 3% of your customers even know what kale is. And that’s being generous. [Huffington Post]

Taylor Swift

* Snowtober was a treat for some, but a trick for many more. Let us know how your firm is handling this Halloween horror. Email us or send a text to (646) 820-TIPS. [Reuters]

* Will the legal profession continue to be a slave to ethical rules of the past? Only if lawyers can’t profit from it. And if they can, then say hello to an ABA resolution in 2012. [New York Times]

* Pot trafficker: add this one to the list of career alternatives for attorneys that aren’t working out so well. But if you don’t mind giving up your Benz and getting disbarred, then go for it. [Times Union]

* Yo Taylor, I’m really happy for you, I’mma let you finish, but Beyoncé had one of the best topless trademark lawsuits of all time. One of the best topless trademark lawsuits of all time! [Daily Mail]

* Urine trouble, lady. Here’s some proof that next time things aren’t going your way in court, you should try peeing all over yourself. [New York Post]

* Wait, is this real? People actually sued al-Qaeda and expect to be paid billions of dollars in damages? Seriously? Having a major “what is this I don’t even” moment over here. [Bloomberg]

* Judith Kaye is the new centerfold for the New York State Court of Appeals. She’s the first woman in history whose portrait will hang in the state’s highest courtroom. [New York Law Journal]

* Thompson Hine partner Leslie Jacobs was charged with tax fraud last week. As could be expected, the Biglaw firm now wants nothing to do with him. [Am Law Daily]

* Another law firm’s confidential files mysteriously ended up in the garbage, but this time at a Georgia newspaper’s office. Just as an FYI, our office is located in New York. [Gainesville Times]

* GTL doesn’t just stand for “Gym, Tan, Laundry” anymore. Apparently, it also stands for “Get The Lawyer.” The Situation is suing a guido lifestyle company for trademark infringement. [Examiner]

* Lindsay Lohan’s alleged probation violations might send her back to the slammer, but she doesn’t want to be made “an example of” in court. Sweetie, it’s called “a mockery.” [Daily Mail]

* It took SCOTUS more than four hours to write one sentence. But oh, to be a fly on the wall last night when they decided to deny a stay of execution for Troy Davis. [New York Times]

* AT&T wants to take the DOJ’s antitrust case to trial. This must be some sort of a joke, but the only punchline I can think of is the company’s crappy wireless network. [Bloomberg]

* Court-clogger or pocket-stuffer: Andrew Cuomo is debating signing a bill that could put more money into the hands of class action attorneys. [Thomson Reuters News & Insight]

* GW Law ex-adjunct Richard Lieberman was disbarred this week. What is with all of these lawyers who try to seduce minors online? Such a weird casualty of this profession. [National Law Journal]

* Because Chanel No. 399 just doesn’t sound as classy as Chanel No. 5, the company has filed a massive trademark infringement lawsuit against nearly 400 defendants. [ABC News]

* Memo to our readers: You know our exploding car thing was just a caption contest, right? We weren’t anticipating a real life lawyer car bombing. [Forbes]

Neal Katyal

* “Dominique Strauss-Kahn Gets Off, As Did Everyone Else Who Stayed In His Room At The Sofitel.” Or: what you don’t want to know about your high-end hotel room. [Dealbreaker]

* F**k yeah — trademark law! Or: some reflections on the “immoral or scandalous” bar to trademark registration, by fashion lawyer Chuck Colman. [Law of Fashion]

* The New Jersey Supreme Court just issued a major new decision calling for changes in the way that courts handle eyewitness identifications — an issue that will also be going before SCOTUS in the coming Term. [The Innocence Project]

* Congratulations to Professor Neal Katyal, former acting U.S. solicitor general, who’s apparently headed to Hogan Lovells. [Am Law Daily]

* Professor Orin Kerr is not impressed by how Dean Linda Ammons has handled the controversy over Professor Larry Connell. [Volokh Conspiracy via Instapundit]

* They have lots of lawyers over at the IRS (former workplace of Michele Bachmann). Do you really expect them to be good at math? [Going Concern]

* Does signing a bill into law with an autopen present constitutional problems? Professor Terry Turnipseed explains how it might. [Slate]

* Republican presidential candidate Herman Cain thinks that President Obama’s decision not to defend DOMA constitutes an “impeachable defense.” [Poliglot / Metro Weekly]

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