Trademarks

Grover* Using children’s books to describe the legal academy. It also works for law firms. Like The Monster at the End of This Book (affiliate link), about an associate who fears and reviles an overbearing partner and then learns (about 8 years in) that they’ve had the monster within them all along. [lawprofblawg]

* In advance of its showdown before the Supreme Court, UPS changes its policy, but denies wrongdoing. [Redline]

* I’ve never been called a Greek Chorus before. I like it. [Law and More]

* Reproductive & Sexual Health and Justice senior legal analysts Imani Gandy and Jessica Mason Pieklo discuss both voting rights and abortion access in Texas with political reporter Andrea Grimes. [RH Reality Check]

* Op-ed notes that Obamacare opponents are cherry-picking their history. Are there actually Obamacare opponents left? [Washington Post]

* A week or so ago I made a joke about OSU Coach Mike “I’m a Man! I’m 40!” Gundy. Apparently he tried to trademark it. [Campus Insiders]

* LFC360 chats with Bentham IMF’s Ralph Sutton about making Biglaw more affordable with third-party litigation funding. [LFC360]

* A list of the top 100 Wild Men and Wild Women in history. Justice Scalia, Racehorse Haynes and David Boies all make the list. I get why he went with Haynes, but when it comes to a Texas litigation “wild man,” I think Joe Jamail. [What About Clients?]

Supreme Court Justice Seamus McCaffrey* After being temporarily suspended as part of “Porngate” for trafficking in “highly demeaning portrayals of members of various segments of the population, including women, elderly persons, and uniformed school girls,” Seamus McCaffrey retires from the Pennsylvania Supreme Court. [Philadelphia Daily News]

* A group of women lawyers in Miami has called for NBC to cancel Bad Judge because it “depicts a female judge as unethical, lazy, crude, hyper-sexualized, and unfit to hold such an esteemed position of power.” Indeed there’s no place for depicting women judges that way on TV. Especially when Miami is perfectly capable of depicting them that way in real life. [Crushable]

* Epic trademark infringement. [Legal Cheek]

* Crazy pro se guy slapped down in Canada. [Lowering the Bar]

* While almost everyone else is seeing lower applications, USC Law saw a 5 percent bump. [USC Gould School of Law]

* Stanford and Dartmouth in hot water over election law charges in Montana. Apparently piercing the imaginary veil of non-partisanship in judicial elections is the problem and not the whole idea of judicial elections in the first place. [Montana Standard]

An official Dominique Ansel "cronut."

An official Dominique Ansel ‘cronut.’

@DominiqueAnsel I am so sad I upset you, I started to cry & I immediately reached for a Kleenex… I mean paper facial tissue #NotACronut

Rounds Bakery, the self-described home of Reno’s best bagels, responding to a cease and desist letter from Dominique Ansel. Rounds had offered a hybrid croissant-doughnut and that sticks in Dominique Ansel’s craw as the registered trademark holder of the “Cronut.” What followed on Twitter was epic trolling by Rounds, listing every proprietary eponym they could think of.


* Looks like someone took a lesson from ATL’s Worst Law School bracket and put out a Worst Colleges in America list. We provide a very important service. [NPR]

* Converse is suing over 31 alleged Chuck Taylor imitators. Are they mounting a “full court press”? Get it? Yeah there was pretty much no way around that one. [Fashionista]

* Lawsuit reveals that struggling business couldn’t keep stores open but could shell out to keep CEO in her 4,560-square-foot home. [Seattle Times]

* Harvard Law faculty members join a statement protesting the university’s new sexual harassment policy. [Boston Globe]

* Is a sheath dress acceptable interview attire? Asking for a friend. [Corporette]

* Aaron Zelinsky’s interesting review of Lat’s upcoming novel, Supreme Ambitions, viewing the characters through the lens of William Deresiewicz’s Excellent Sheep (affiliate links). [Huffington Post Books]

* Which is more galling? That the magistrate tried to weasel out of performing a legal same-sex marriage or that the newspaper felt this worthy of a poll? [The Virginian-Pilot (Hampton Roads)]

Buck up, Professor. Your hero Nietzsche always says, ‘That which does not kill us makes us stronger.’

* Remember that whole Brian Leiter kerfuffle? Well he’s gone. The world (of philosophy rankings) was not ready for one as beautiful as thee. [Daily Nous]

* Before They Were Famous: Newly released documents reveal a pre-SCOTUS Justice Kagan writing memos admitting that she “really f**ked up” and “God, do I feel like an idiot.” At least she understood how she made her 1L class feel when she was a professor. [Josh Blackman's Blog]

* A lawsuit over who owns the word “how.” Can’t make this up. [Chronicle of Higher Education]

* How do we know that driverless cars are going to be wonderful for human society? Because they will be absolutely horrible for lawyers and insurers. [Legal Funding Central]

* This guy explains what everyone should understand before going to law school by walking through his decision to not to go to law school despite gaining admission to some T14 heavies. He gives ATL a shout. We hear you buddy, congratulations on your decision. [Chronicle Vitae]

* A Delaware attorney sued for allegedly aiding and abetting a fraudulent emerald salvage operation. Kind of “X marks the disbarment.” [Delaware Online]

* Exxon won an arbitration and got $1.6B from cash-strapped Venezuela, but wanted $14.7B. Poor Exxon, they face so many struggles. [Bloomberg h/t Breaking Energy]

* The D.C. Bar Association is hosting a “Go Formal For Justice” event to raise money for its many programs to help, directly or indirectly, the indigent. [D.C. Bar Foundation]

* We welcome Howard Bashman to his new homepage! [How Appealing / Above the Law]

* An ode to Brian Leiter to the tune of the Beach Boys’ “I Get Around.” [Philosophy Metablog]

* “Lawyers have a powerful voice in the American legal system, government, and news and entertainment businesses. But do they make their contributions to society while impaired?” You’re goddamned right we do! [SSRN]

* For example, a Louisville lawyer was arrested for allegedly surfing the web while driving drunk. Who says solo practitioners can’t multitask. [WDRB]

* Is litigation finance a loan or an investment? Perhaps tax law holds the answer. [LFC 360]

* Former St. Louis Mayor Freeman Bosley Jr. had his law license suspended indefinitely. Apparently his trust account was bouncing checks. This suspension has ramifications for a much bigger case — Bosley had been representing Dorian Johnson, an eyewitness to the Michael Brown killing. [Missouri Lawyers Weekly (sub. req.); St. Louis Post-Dispatch]

* Hasbro thinks that owning Scrabble means they own the English language. [Slate]

* Congratulations to legal communications specialists Infinite PR, who just merged with UK outfit Spada to expand their business across the pond. [PR Week]

Cease-and-desist letters are usually useful legal tools to help combat the appropriation of intellectual property, but sometimes lawyers are a little too quick to send them out.

Take, for example, a recent C&D letter Instagram’s legal department sent to a website owner who was supposedly infringing upon the photo-sharing service’s trademark with his registration of the “slutsofinstagram.com” domain name.

You can’t blame Instagram for not wanting its mark to be associated with a website purporting to depict the “Sluts of Instagram,” but as it turns out, the offending website doesn’t have any sluts at all…

double red triangle arrows Continue reading “Instagram Gets Trolled After Sending Cease And Desist Letter To ‘Sluts of Instagram’”

* New York court authorizes service over Facebook. Finally, a reason to use Google Plus. [Slate]

* Texas struck down the statute banning upskirt photos. The decision is more interesting than the sound-bite press it’s getting. [Popehat]

* Some PR advice may be privileged. Which is good because the law needs to incentivize companies trying to cover up possible legal liabilities. It might be more nuanced than that, but still. [Corporate Counsel]

* In the wake of the passing of Tommy Boggs, a profile on his power within Patton Boggs, including details of the final year leading up to its merger. [National Law Journal]

* A roundup of early reviews for David Lat’s forthcoming novel, Supreme Ambitions (affiliate link). [Supreme Ambitions]

* On choosing a criminal defense lawyer and why you might not want some reformed prosecutor. [Katz Justice]

* The Senate confirmed Gordon Tanner as general counsel to the Air Force. This is noteworthy because it reflects just how quickly the country has progressed from affirmative witch hunts, to “Don’t Ask, Don’t Tell,” to confirming a gay man as the top lawyer for a branch of the Armed Forces. [Washington Blade]

* A 49er fan is suing the NFL for $50 million for a policy that limited ticket sales to customers in Seahawks territory. Based on the season so far, he luckily won’t have to worry about the 49ers in the playoffs this year. [ESPN]

* Speaking of football, South Park ran an ad limited to D.C. during the Washington-Eagles game. See Eric Cartman school Dan Snyder on trademark law, after the jump…. [SB Nation]

double red triangle arrows Continue reading “Non-Sequiturs: 09.22.14″

* Because it’s been such a long time since the NFL has had a scandal, Cowboys owner Jerry Jones is accused of sexual assault in a new suit. The Cowboys claim the suit is nothing but a money grab. No one knows a money grab like a franchise owner milking a new stadium partially financed by taxpayers. [USAToday]

* Dean Frank Wu explains why Hastings will survive the end of law schools. [SF Weekly]

* A pair of IP litigators, James W. Dabney and Stephen S. Rabinowitz, have jumped from Fried Frank to Hughes Hubbard. Will others be following Dabney & Rabinowitz out of Fried Frank? [Hughes Hubbard]

* “Lawyer’s ‘Torture Porn’ Past Pops Up in Pa. Governor’s Race.” OK, let’s see what you’ve got here. [Greedy Associates / FindLaw]

* An interesting breakdown of the legal scholars with the widest network of co-authors. Think of these as the most promiscuous scholars around. Actually, no. Don’t think that. [Ryan Whalen]

* Etsy sides with the USPTO and bans sales of anything branded “Redskins” on its platform. I’m not sure how smart this is since the economic teeth of the USPTO decision was to allow sites like Etsy to sell massive quantities of otherwise trademark-infringing stuff until Washington relented and opted for a new trademark-protectable name. [Etsy]

* Don’t throw peanut butter in my neighborhood (though I don’t understand the blotter… there’s no Bodega at that location). [Legal Juice]

* Lest you think law school is reasonably priced: “New IBR and PSLF provide benefits large enough that high earnings still result in nearly $100,000 in loan forgiveness for typical levels of debt for law school graduates. A lawyer earning at the 50th percentile with that debt level stands to have $147,282 forgiven, which is more than he borrowed…” [New America Education Policy Program]

* Keeping in touch with your inner child to relate to witnesses as humans. [Katz Justice]

* Closing out this football-heavy NS, friend of the blog Mitchell Epner discusses why Roger Goodell won’t (and shouldn’t) survive the fallout of the Ray Rice scandal. Check out the video after the jump… [CNBC]

double red triangle arrows Continue reading “Non-Sequiturs: 09.10.14″

* Bob McDonnell, former governor of Virginia, guilty of 11 counts of corruption. Maureen McDonnell guilty of 8. If only they’d gotten that severance motion. [Wonkette]

* The best way to catch drunk drivers is to give them something to crash into. [Legal Juice]

* Chaumtoli Huq, a former general counsel to the New York Public Advocate, has filed a federal lawsuit alleging that NYPD officers arrested her for waiting on the sidewalk outside a restaurant. She says she was targeted for being Muslim. [Gawker]

* In somewhat related news, Prawfsblawg pointed me to this interesting Slate piece on the effect that body-worn cams — the en vogue solution to police misconduct pushed by many including Huq’s old boss — really have on policing. [Slate via Prawfsblawg]

* Google paying $19 million to settle the FTC suit over kids making in-app purchases. It was going to be a $5 million settlement, but the FTC told Google that they would let them skip level 410 in Candy Crush if they kicked in another $14 million. [Washington Post]

* Some people have a problem with duct-taping kids to force them to take naps. Kids are growing up soft these days. [Lowering the Bar]

* And guess what? The D.C. Circuit is hearing the Halbig case en banc. Nullifying any argument that the Supreme Court act immediately to resolve a circuit split. Seems like someone predicted this outcome while the mainstream media wet themselves over a Supreme Court showdown. [Constitutional Accountability Center]

* Adam Steinbaugh got a DMCA takedown notice for criticizing a company for… overactive DMCA takedown notices. He replies eloquently. [Adam Steinbaugh's Blog]

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