Trademarks

Ed. note: Due to the Labor Day holiday, we’re on a reduced publication schedule today. We’ll be back to our normal Saturday schedule tomorrow. But you don’t care about that. More importantly we’ll be off on Labor Day and back to normal on Tuesday. A restful and happy Labor Day to all!

* Jesus, this Elle Woods fascination just won’t die. [Law School Lemmings]

* Lawyers seek to ruin something beautiful: ALS Association wants a trademark on the concept of an ice bucket challenge. [Washington Post]

* Ah, fun tales of the Streisand Effect. [Popehat]

* UC Davis Law saw increased applications. Dean Kevin Johnson says, “I do think the market is coming back. And I do think the naysayers of law schools and being a lawyer, their days are limited in number.” You’re the only school in California showing an increase and the country as a whole is down and you’re conveniently not charging any application fee, but yeah, our days are limited. [UC Davis Law]

* Lawyer who showed up to court going by the name “Lord Harley of Counsel” gets a tongue-lashing from the judge. [Legal Cheek]

* Ant-f**king. OK. [Legal Juice]

* 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]

* 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]

‘I get paid to play Candy Crush and do laundry all day!’

Imagine, if you will, a world where you’re able to do absolutely nothing but surf the internet, watch all the daytime TV you can stand, go on as many online shopping sprees as your wallet will allow, and like and comment on every Facebook status in the world, all while being paid your regular salary (ranging from $60,000 to $80,000), and maintaining performance-based bonus eligibility (with awards ranging from $2,000 to $3,500).

If you think that sounds great, then maybe you should apply to become a paralegal specialist for the Patent Trial and Appeal Board (PTAB), because that judicial body apparently wasted up to $5.09 million on salary payments for what was nothing more than paralegal playtime.

Ain’t life grand as a federal employee?

double red triangle arrows Continue reading “Paralegals Paid Up To $80K To Play Online, Watch TV”

What is it with insane NY-related bureaucrats and their attempts to “own” things? In the past, we’ve covered how New York State is a pretty big trademark bully over the “I ♥ NY” phrase, and did you know that the Metropolitan Transit Authority (MTA) claims ownership over the phrase “If you see something, say something”? And, now, we find out that the controversy-ridden Port Authority of NY and NJ appears to be claiming ownership of the NYC skyline. No joke. It apparently sent a cease-and-desist letter to Fishs Eddy, a housewares store in Manhattan that is selling some city themed dishes.

double red triangle arrows Continue reading “NY Port Authority Claims To Own The NYC Skyline: Tells Store To Destroy Skyline-Themed Plates”

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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.”

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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:

double red triangle arrows Continue reading “A Window into the Future for Apple’s Trade Dress?”

* “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]

* 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]

Kevyn Orr, probably not an alien.

A couple weeks back we reported on the big hissy fit that Jones Day threw over Kevynorr.com, at the time a bare-bones website that promised to be a sarcastic look at former Jones Day partner Kevyn Orr’s “emergency management” of Detroit. Jones Day wrote themselves a nasty cease and desist letter.

The anonymous proprietor of Kevynorr.com is represented by the Electronic Frontier Foundation, and their lawyers drafted a scathing response calling out Jones Day’s disingenuous, bullying letter….

double red triangle arrows Continue reading “Remember Jones Day’s Hissy Fit C&D Letter? Here’s The Response!”

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