Trademarks

  • Morning Docket: 04.06.16
    Morning Docket

    Morning Docket: 04.06.16

    * Gawker asks judge to reduce or set aside the $140.1 million Hogan verdict. That’s nice to offer the judge avoid a humiliating reversal on appeal. And yet I’ve seen Wrestlemania, so expect the doomed judge to hit Nick Denton over the head with a chair while he isn’t looking before this gets better. [Capital New York]

    * Ramon Fonseca assures the world that all of its operations were legal. Sure. I mean, cockfighting is still legal in Panama so this might not be the most ringing affirmation. [NBC News]

    * The Stoli trademark battle may be headed to the Supreme Court. That’s absolut-ly crazy. [Law360]

    * There’s an unauthorized Walking Dead theme restaurant out there in case you had a hankering for some possum and cheese whiz and there’s no Carl’s Jr. nearby. [Litigation Daily]

    * Which Biglaw firms are making big bucks off baseball season? [The Am Law Daily]

    * Eric Conn, dubbed “Mr. Social Security” arrested on federal charges that his immense success is due less to his legal acumen than “paying a doctor and a judge to rubber-stamp false disability claims using phony medical evidence.” Remember when he hired Miss Congeniality USA as a PR flack? Those were happier days. [ABC News]

    * North Carolina releases its February bar exam results. So we know of at least 201 people who couldn’t let the championship game spoil their high. You may say, “well Duke students weren’t going to be devastated by the game.” Silly rabbit, Duke kids aren’t taking the February exam. [Bar Exam Stats]

  • Morning Docket: 03.11.16
    Morning Docket

    Morning Docket: 03.11.16

    * Hooray, this study says it’s a great time to be a lawyer! According to career website Glassdoor, lawyers are the second-highest paid professionals in the country, with a median base salary of $144,500. See, everybody, you’ll be able to pay off your six-figure law school debt in no time! You’re probably rich! [Big Law Business / Bloomberg BNA]

    * John Oliver of “Last Week Tonight” trademarked the word “Drumpf” ahead of the humorous segment on his show, and he turned to Kenyon & Kenyon to get the job done. The comedian was apparently trying to keep it in the “Daily Show” family with his choice of legal representation — as we’ve noted before, Kenyon’s managing partner is Stephen Colbert’s older brother. [Am Law Daily]

    * Here’s a ranking that’ll be useful for prospective law students and legal professionals who love being boastful: Which law schools have the highest percentage of graduates who pass the bar exam on the first try? You may legitimately be surprised by the placement of some of the law schools on this list. We’ll have more on this later. [AL.com]

    * “The tone of the brief reads like an indictment.” The Justice Department filed a pretty feisty response to Apple in its legal battle over the encryption of an iPhone belonging to one of the San Bernardino shooters. Apple’s GC says the DOJ lawyers are now “so desperate” to get what they want that they’ve “thrown all decorum to the wind.” [CNBC]

    * U.S. Attorney Preet Bharara of the Southern District of New York will have to face a lawsuit filed by David Ganek of Level Global Investors, once a $4 billion hedge fund, over allegations that the federal prosecutor’s office filed a misleading affidavit and fabricated evidence as part of an insider trading probe that resulted in the fund failing. [Newsday]

  • Morning Docket

    Morning Docket: 12.23.15

    * It’s the Miss Universe pageant lawsuit you’ve all been waiting for: attorneys at a Colombian law firm say they will be filing suit due to Miss Colombia’s crowning and de-crowning, noting “the crown is an acquired right that cannot be taken away from us.” [WGNO]

    * The Federal Circuit handed down a major ruling yesterday, saying that the government can no longer bar the registration of offensive trademarks due to restrictions on free speech. This will likely be appealed to SCOTUS, but the Redskins must be pretty pumped. [Reuters]

    * In an effort to avoid another Kim Davis fiasco (and to protect clerks’ religious beliefs), Kentucky Governor Matt Bevin has signed an executive order directing that his state prepare new marriage licenses without the names of county clerks. [Associated Press]

    * Lil Wayne may be a “motherf**kin’ cash money millionaire,” but he reportedly can’t spare the cash to pay his attorneys’ fees. This marks the second time in recent months that he’s been sued for allegedly failing to pay his lawyers what they’re owed. [SPIN]

    * Lakeisha Holloway, the woman accused of using her car to mow down and kill a pedestrian and injure many others on the Las Vegas Strip, has been charged with murder with a deadly weapon. She faces up to 20 years in prison if convicted. [NBC News]

  • Sponsored

  • Morning Docket

    Morning Docket: 12.17.15

    * Donald Trump has been having a rollicking good time on the campaign trail as the frontrunner for the Republican presidential nomination, but he may have to take a break to testify in a trademark dispute over “Trump Your Competition.” [WSJ Law Blog]

    * It seems that Venable has been dragged into a huge Facebook stock scam, and thanks to a former partner’s alleged conduct, the Biglaw firm is now being accused of assisting a con man in a $11.3 million fraud related to the social media giant’s initial public offering. [New York Post]

    * The Obama administration has finally made a move in the SCOTUS case filed by Oklahoma and Nebraska seeking to overturn legal weed in Colorado. Solicitor General Donald Verrilli thinks the justices would have to be high to even entertain it. [Reuters]

    * Trinity Western Law grads were previously banned from practicing law in British Columbia, Canada, due to the Christian school forcing students to sign abstinence pledges, but because of this recent ruling, the tides have turned. [NewBostonPost]

    * “This will not be the end of the road for solitary confinement reform, but we really think it’s a watershed moment.” Thanks to a $62M settlement, New York will be changing the way it deals with solitary confinement in state prisons. [New York Times]

    * After finding out that Justice Scalia was rejected from two of his top-choice schools, the ABA Journal wants you to reflect on your own rejections and acceptances. Where did you apply to law school, and where did you decide to go? Let us know. [ABA Journal]

  • Morning Docket

    Morning Docket: 12.14.15

    * Donald Trump has opinions on Supreme Court justices. He thinks that Roberts is “disgraceful,” that Scalia was “very tough” on black students, and that he loves Thomas. Perhaps he should take a cue from his favorite justice and shut up. [CNN; Associated Press]

    * An easy peasy solution? Rather than amend the Constitution, Republican presidential candidate Marco Rubio says that he’ll just appoint Supreme Court justices who will overturn the decision in the Obergefell case because he thinks that gay marriage is “bad law.” [ThinkProgress]

    * Gibson Dunn has billed about $8 million to defend New Jersey Governor Chris Christie in the Bridgegate scandal thus far, so here’s a thought: perhaps you should show your hard-working associates some appreciation and announce bonuses already. [Fox News]

    * Taylor Swift filed trademark applications for five signature phrases (Swiftmas, Blank Space, And I’ll Write Your Name, A Girl Named Girl, and 1989). If you infringe upon any of them, you can expect that she’ll be writing your name — on a lawsuit. [USA Today]

    * Braeden Anderson, the Seton Hall law student and ball player who divides his time between the courtroom and the basketball court, has had one hell of a 1L year. When he graduates, this extremely lucky guy may have a job — with the NBA. [New York Times]

Sponsored

  • Non-Sequiturs

    Non-Sequiturs: 08.06.15

    * A reminder to stay safe when you watch the GOP debates tonight — drinking games can seriously jeopardize your health. [Raw Story]

    * The Washington NFL team has filed a notice of appeal to the Fourth Circuit over their canceled trademark registrations as they move their failure off the field and into the courts. [Bloomberg BNA]

    * Penn State unveils a new logo. Critics call it a “hypnotized dog looking at cupcakes,” but it actually looks more like the vacant stare of someone who has seen something but refuses to tell authorities about it. [TaxProf Blog]

    * How to take good notes. Apparently, “actually take notes” is the first step. Good to know. [Survive Law]

    * Congrats to occasional Legal Cheek blogger Amy Woolfson on her Harvard Law scholarship. Welcome to our side of the pond. [Legal Cheek]

    * Dumb people can get ripped off on Craigslist. And not just when you take a “JD required” job as a catsitter. [Lowering the Bar]

    * Understand the tax implications of your student loan forgiveness program. [Lawyerist]

  • Non-Sequiturs

    Non-Sequiturs: 08.05.15

    * George W. Bush shows up for jury duty. Sadly he wasn’t empaneled, which was a real shame for the prosecutors because you know he doesn’t need actual evidence to make bold decisions. [ABC News]

    * Oops. Top Rand Paul operatives indicted. Jesus, Trump really is going to win this campaign, isn’t he? (skip to the next page to read the whole indictment). [National Journal]

    * Here’s a clever way to get out of a traffic stop: call in a nearby murder. [Legal Juice]

    * Performance-enhancing drugs are becoming a scourge in… eSports. Apparently getting really twisted on Adderall and playing StarCraft II for money is a thing. Well, pack it in everyone. We had a good run, human civilization. [The Legal Geeks]

    * “A wealthy oligarchy of donors is dominating the 2016 election.” Not true. Based on the polls it’s dominated by an oligarchy of one. [Election Law Blog]

    * Approximately 1.2 million New Yorkers have open arrest warrants. That… seems like a lot. Probably time to do something like this to restore sanity. [Talking Points Memo]

    * Partner Emeritus has thoughts on summer associates. [What About Clients?]

    * “Pay your f**king bill… don’t be a f**king shlub.” [South Florida Lawyers]

    * Lex Machina is offering a free trial to its news Trademark Litigation Update newsletter. [Lex Machina]

    https://www.scribd.com/doc/273626010/Benton-Et-Al-Indictment

  • Morning Docket

    Morning Docket: 07.09.15

    * According to Justice Jeanette Theriot Knoll of the Louisiana Supreme Court, the SCOTUS decision in Obergefell was not only “horrific,” but it was also “a complete and unnecessary insult to the people of Louisiana.” Gee, tell us how you really feel. [Slate]

    * The First Church of Cannabis filed a discrimination suit against Indiana and Indianapolis, claiming laws against marijuana use and possession are infringing upon its members’ beliefs. We’re sTOKEd to see the outcome here. [Indianapolis Star]

    * In case you missed it yesterday, a federal judge upheld the TTAB’s prior ruling on the Washington Redskins’ name, and ordered that the team’s trademark registrations be canceled. The team is going for a Hail Mary at the Fourth Circuit. [Washington Post]

    * Ex-associate Elina Chechelnitsky’s sexual harassment and gender bias lawsuit against McElroy Deutsch, filled with allegations of better bonuses for men and creepy flirtations, was settled out of court. You go, girl. [New Jersey Law Journal via ABA Journal]

    * Crowell & Moring recently dropped a suit against a former client that had allegedly failed to pay almost one million dollars in legal fees. There’s no word on whether the conflict was ever resolved, but if it wasn’t, it’s nice to see the firm isn’t hurting for cash. [Legal Times]

  • Morning Docket

    Morning Docket: 06.04.15

    * If you’re having trouble making payments on your law school debt, don’t fall prey to a loan-relief scam. You may already be six figures in the hole, but you should take this quiz to see if you’re about to lose your shirt — yet again. [U.S. News & World Report]

    * For the second time in two years, the ABA will reconsider whether law students should be able to receive pay for credit-bearing externships. Come on already, give these people a chance to make a buck before they graduate. [National Law Journal]

    * Here’s an important memo for Judge Mark Fuller of the Middle District of Alabama: Just so you know, if you don’t resign on August 1 as promised, the House Judiciary Committee is probably going to bring impeachment proceedings against you. HTH. [Daily Report]

    * It’s not a merger (yet), they’re just “exploring synergies”: Albany Law School and SUNY Albany will affiliate in order to help students from both schools. Check out the memo, complete with an exploding fellowship offer for new students. [Albany Business Review]

    * Vice is suing a small business named Virtue Marketing, alleging trademark infringement. Apparently the media company’s in-house marketing agency is also called Virtue. Hey, Vice, just change the name to Greed and you’ll be set. [THR, Esq. / Hollywood Reporter]

  • Copyright, Trademarks

    Fad Flashback: Eighties Toy Dispute Pits Cuddly Against Crude

    Thirty years ago this month, the Topps Company released Garbage Pail Kids, a series of trading cards/stickers designed to parody Cabbage Patch Kids dolls. Both induced mania in the 1980s, made their companies millions, then almost in tandem, lost their mass appeal. But before the madness stopped, the Kids met in court, where a judge determined whether the Garbage Pail Kids infringed Cabbage Patch Kids intellectual property.