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Trademarks

Lawsuit of the Day: What's In a Name?

Wolfgangs Steakhouse Wolfgang Puck ATL AboveTheLaw blog.jpgWell, if the name is "Wolfgang" and you're in the restaurant business, maybe a lawsuit. Celebrity chef Wolfgang Puck, owner of the famous Spago restaurant in Beverly Hills, is taking legal action against a new neighbor.

From TMZ.com:

Wolfgang Puck is filing a lawsuit, claiming another Wolfgang has screwed him over....

Puck claims a guy named Wolfgang Zwiener opened a rival restaurant, Wolfgang's Steakhouse, just blocks from Spago in Bev Hills. According to the suit, one of the owner's of Wolfgang Steakhouse had a license to use the Spago trademark, but that expired last year.

In L.A., Wolfgang Zwiener may be just "some guy." But in New York, he's an esteemed veteran of the legendary Peter Luger steakhouse (popular for summer associate outings), who has now embarked upon his own restaurant career.

Wolfgang Puck's lawsuit, which seeks injunctive relief, claims trademark infringement and unfair competition. The TMZ.com editors seem unsympathetic:

A frustrated Puck says, "The most common reaction is, 'It says Wolfgang's Steakhouse and you are Wolfgang." We're thinking Mozart might have one up on him. Dude, you make pizzas.

Will the courts be more supportive? If Puck's first name were more common -- say, "John" or "Bill," with the competitor calling itself "John's Steakhouse" or "Bill's Place" -- then his claim might not satisfy the distinctiveness requirement of trademark law. But with a name as unusual as "Wolfgang" -- not as unusual as Omarosa, to be sure, but certainly uncommon -- maybe he has a better shot. "Wolfgang" is not in the top 1000 baby names in the United States (although it does crack the top 3000 in Belgium).

We're not experts in this area, so we'll stop rambling. Any IP lawyers care to weigh in?

Wolfgang to Wolfgang -- Puck You [TMZ.com]

Sports and the Law: Fate of Athletes' and Entertainers' Publicity Rights May Lie With LiLo

Sports and the Law 3 Above the Law blog.jpgProfessional athletes are keeping a close eye on Lindsay Lohan this week, and probably not for the reason you might think.

Last Friday, the American Beverage Institute (“ABI”), a trade group that supports interests of the alcohol industry, took out an advertisement in USA Today, opposing the mandatory use of ignition interlocks (i.e., breathalyzers) in cars of first-time DWI offenders. The advertisement states “Ignition interlocks, A good idea for,” followed by a mug shot of Lindsay Lohan, “But a bad idea for us.”

ABI Managing Director Sarah Longwell recently told MTV.com that she believes Lohan’s mug shot is fair game because it is already in the public domain. Although it is not clear that Longwell's view is correct, the ABI has already indicated plans "to extend its mugshots campaign to other celebrities." This also could open the door for other organizations to begin using athlete and entertainer mug shots in all kinds of weird ways.

Lohan recently consulted her lawyer, expressing an interest in suing ABI to stop these ads. Although she probably does not have a claim under the Lanham Act, she may have a better argument that the ABI violated her state-law publicity rights. If Lohan ultimately files suit, athletes and entertainers will have their fingers crossed for her victory.

How does the legal landscape look for LiLo? Read more, after the jump.

Continue reading "Sports and the Law: Fate of Athletes' and Entertainers' Publicity Rights May Lie With LiLo"

Law Firm of the Day: Belluck & Fox

Official Legal Sponsor of the Yankees.jpgBelluck & Fox is a nine-attorney law firm in Manhattan. The firm worked out a deal with the radio station that broadcasts New York Yankees games, making it the official legal sponsor of Yankee radio broadcasts.

The folks at Belluck & Fox must have misread the contract though. They took the sponsorship a bit too far and transformed their HomeRunLegal.com site into a bonanza of Yankee paraphenalia, calling themselves the team's official legal sponsor:

The site featured a photo of Yankee Stadium, a baseball emblazoned with the firm’s name, and a clipboard listing "Today’s Lineup" with such power hitters as "Mesothelioma & Asbestos Injuries," "Car and Motorcycle Accident Claims," and "Construction Accidents." Festooned with the Yankees logo, it claimed the firm was the "official legal sponsor" of the Bronx Bombers.

What exactly do the Yankees have to do with mesothelioma cases?

The ABA Journal called them out on it:

After the ABA Journal alerted the team to the firm’s purported sponsorship on Tuesday, [name partner Joseph Belluck] says a "friendly conversation" with a Yankees official about the inappropriate use of trademarks ensued. The firm promptly took down the website, and removed references to being the team’s legal sponsor from BelluckFox.com. "We never had any intention of running afoul of the Yankees’ guidelines," says Belluck.

Belluck & Fox may be experts in class action and personal injury suits, but it sounds like trademark law is not their forte.

In the cached version of their website, the logo is still visible. We suppose they could still have the logo up, but change it to the Not-so-official and Not-entirely-legal Sponsor of the Yankees.

Law Firm Strikes Out as Yankees ‘Sponsor’ [ABA Journal]

Fall Recruiting Open Thread: IP Firms

robot intellectual property IP law Abovethelaw Above the Law blog.jpgSometimes it seems like we talk about the same handful of general practice Biglaw shops again and again. So let's mix things up a bit. Here's a suggestion from a loyal reader:

I'm in the field of patent law. It might be interesting to post a Fall Recruiting Thread that discusses both patent boutiques (Finnegan Henderson, Fizpatrick Cella, Kenyon & Kenyon) and general practice firms with a strong IP practice (Kirkland, Irell, MoFo, Jones Day, Ropes & Gray).

Yes, it might. So here's that post -- an open thread in which people can talk about firms that specialize in or excel at intellectual property law.

(Last month we had a post dedicated to discussion of compensation issues at IP firms. But this open thread is intended to be broader, to go beyond pay to discuss quality of life, strong practice areas, type of work, etc. Enjoy.)

Earlier: Nationwide Pay Raise Watch: IP Firms

Non-Sequiturs: 06.12.07

* Martha steps into the minefield of political incorrectness once more. [Racialicious; The Mercury]

* There's nothing I like more than old-fashioned, non-partisan fun. Hill interns, this is your chance to make a buck from an illicit affair or two, without resorting to Jessica Cutler antics (because prostitution can tarnish even the best CV). [Taegan Goddard's Political Wire]

* You haven't heard anything since they filed for separation, and you won't hear anything now that they've filed for divorce. And that's what makes them worth mentioning. (Plus, I have a total girl crush on Catherine Keener and just a regular crush on Dermot Mulroney.) [Yahoo! News]

* An ice cream man in 2007 is a different breed from his 1953 counterpart. (Although a co-worker once did this to me to drive home the point that he was lost without the former girlfriend who used to do his laundry.) [KOCO]

Morning Docket: 04.06.07

John Paul Stevens Justice John Paul Stevens Above the Law blog.jpg[Ed. note: ATL will be on a pretty laid-back publication schedule today. It's Good Friday, the markets are closed, and many folks are probably traveling for the holiday weekend. We will be posting, but not at our regular pace.]

* Stevens's key role. [USA Today via How Appealing]

* Surveillance laws outdated? He's probably referring to all of those pesky constitutional protections. [Jurist]

* Dude. You gotta make sure you're getting the right one when you're messing with the huevos. That's just not cool. Not cool at all. That guy deserves a bazillion dollars. [CNN]

* Lawyers and golf. [WSJ Law Blog]

* Fartman loses on appeal. [Andrews Publications via FindLaw]

* Belated birthday greetings to Justice Samuel A. Alito, Jr., who turned 57 earlier this week. [How Appealing]

Non-Sequiturs: 04.04.07

* If you want a slice of English-only nostalgia, rent Nashville, because times, they are a-changing. [Los Angeles Times]

* "Flagging" (as such term was used in the first article) cops after they've allegedly burnt a flag? These guys have the street-smarts of a Yalie alright. [New Haven Register; Yale Daily News]

* It's not like these tourists were looking for underaged hookers, but still, they knew they were doing something wrong. In any case, they'll have a great "Guess what happened to us in New York?" story when they get home. [New York Post]

* When you're full of shit, you get shit thrown at you. Makes sense to me. [Tornoto Star via QuizLaw]

Non-Sequiturs: 03.30.07

* Screenwriter mistaken for a terrorist saves his ass by pretending to have written an episode of Scrubs. I totally saw that on 24. [LA Weekly]

* [Heart] anything without legal consequence. [WRAL]

* I declare a moratorium on the word "songstress." [New York Post]

* If you're a fan of the "long-lost classic" Killer of Sheep, or if, indeed, you have ever heard of such a film, you are in luck. [Info/Law]

Non-Sequiturs: 03.08.07

* Would you drink this if you knew it was named after someone who choked on his own drug and alcohol-induced vomit? Yeah, probably, if you were out of Grey Goose. [TMZ]

* I bet it’s Jim and Pam. My best prank? The classic Frozen Underwear I set up in my brother’s room before he came home from college with his new girlfriend. [The Times-Tribune (Scranton)]

* For once, we’re talking about the witch with a “W.” [Newsday]

* WTF? First, I didn’t realize there was some life to that old Vagina Monologues yet, and second, I have learned more about vaginas this year alone (not by choice) than I did through “Our Bodies, Ourselves,” those Women’s Center round tables in college and my compact. [The Journal News (Westchester) via How Appealing]

* At this rate, if we fire even those teachers who don’t have sex with their students, public schools are going to be left with just those “Nice White Ladies.” [Pittsburgh Tribune-Review]

Non-Sequiturs: 03.05.07

* This really could happen to anyone who uses public transportation. Seriously, slow down people -- that extra 5 minutes isn’t going to tear off three of your fingers and half your palm, or turn you into a deserving-yet-questionable plaintiff. [Gothamist]

* I love it when the art world gets nasty. [New York Sun]

* Ethiopia knows a good thing when it sees it. Or does it just really hate that Red campaign? (I’m still wondering if any of those self-righteous celebs are able to locate any African country on a map.) [Legal Times]

* The face that launched a multi-million dollar lawsuit. Hope her self-esteem is in check, because the commentary is bound to be nastier than the comments to ATL's "Hotties" contests. [QuizLaw; CNET]

* I don’t know who this is, but this happens way too much. For shame. [Yahoo! Sports]

Non-Sequiturs: 02.14.07

* Fans of “The Office” (what BBC version?) will rejoice at this play-by-play of potential litigation related to each episode. Ladies, whenever you cringe at the memory of a loser ex-boyfriend, just think of Jan, Michael’s otherwise competent and attractive boss, who somehow ends up vacationing with him… at a Sandals resort. [That’s What She Said via WSJ Law Blog]

* I guess this means that now every idiot can use this “trademark.” Wouldn’t it make more sense to trademark “Weirdness Factor”? [The Smoking Gun]

* If David’s fashion rundown gave you a headache or put you to sleep faster than Norah Jones’s music, then don’t read this. [De Novo]

* In this quirky show you have surely never heard of, a bunch of misfits conspire to break into Mick Jagger’s home. One character suggests perhaps starting a hedge fund instead. “What’s a hedge fund?” another misfit asks. To which misfit #1 shrugs, “I don’t know.” [Conglomerate]

* I was never one to participate, but even I admit that you always need oral. [First Movers]

Non-Sequiturs: 02.05.07

* I won’t comment on trial lawyers in general, but I’ll admit to instant suspicion of boyish-looking politicians. I’d rather trust creepy-looking John Edward. [Crime & Federalism]

* Wiki is as wiki does. [TaxProfs Blog]

* I have a lot of questions... Like how could the impact of Valle’s body force the elevators door open? How did Adams go from controversial HBO show to club manager? Who goes to BED these days? And what kinds of people base their lifestyle choices on a “featured in ‘Sex and the City’” seal of approval? [Reuters via Yahoo! News]

* Apple v. Apple has settled. [E! Online]

Non-Sequiturs: 01.31.07

* The point of this fluff piece feature is that Ferraris are not always penis substitutes. [Legal Times]

* Is there actually a rental market (Netbux?) for books-on-tape? [Patry Copyright Blog]

* New York fashion week starts soon, and I will yet again be reminded that as a woman living in the cultural capital of the world (arguably), I will never amount to anything because I am not 6 feet tall and 105 pounds. So would I really care if they keeled over and died? [Access Hollywood]

* She also claimed to have coined, “I’m listening.” [New York Law Journal]

* Must-see TV, PBS-style. Those of you who know me also know I only discovered PBS when I got to college. And then, I just didn’t care. (Nah, just being obnoxious -- I’ll occasionally watch a well-intentioned documentary or a live concert by some 60s band). [Legal Blog Watch]

* Defense should probably open with a clip of The Birds. [Los Angeles Times]

Non-Sequiturs: 01.30.07

* The Guber Downward-Facing Dog Trial coming soon. [De Novo; MSN]

* If you don’t know who’s the “real lawyer” at the table, it’s you. [PrawfsBlawg]

* Kosher-ness may be inapplicable to porn, but I would not want to venture a guess as to Mr. Cohen’s idea behind his trademark. [Likelihood of Confusion]

* Another reason hedge funds are shady? You don’t say. [Professor Bainbridge]

Morning Docket: 01.11.07

Alpha Dog movie film Nick Cassavetes Justin Timberlake.jpg* Federal court lets the Alpha Dog out. [AP via How Appealing]

* The negligence causation standard is the same under FELA for railroad negligence and employee contributory negligence. Norfolk Southern v. Sorrell. [U.S. Supreme Court (PDF)]

* Execution in Oklahoma first of the year in the U.S. [Jurist]

* iSuit. [Associated Press; WSJ Law Blog]

* House passes minimum wage increase. [AP via Yahoo!]

Non-Sequiturs: 01.09.07

spam spam spam.jpeg* It’s that time of the year, when you yet again resolve to no longer be an attorney. You have one more chance to make this same futile resolution when Chinese New Year rolls around. [The Complete Lawyer]

* Any food substance that sustains armies and people still living in Y2K bunkers deserves nothing less than a full-on defense of its rights. You go, Hormel. [Likelihood of Confusion]

* Healthy parenting or affirmative action? I We wonder if little Shiloh will turn out like that other token biological celebrity offspring, Satchel Ronan Seamus (or just another needy, rich, hot girl, whose mommy never loved her). [Hot Gossip at MSN Entertainment]

* Darwinism resurfaces, and thank God, because I really hate tiny dogs. [St. Petersburg Times]

* Bonus season may be behind us, but we still have money on our minds. [May It Please the Court]

* I am open to all genres of TV shows, as you may know. But this? Almost makes me long for the days of Ally McBeal. [QuizLaw]

Morning Docket: 12.18.06

* Solitary confinement, cruel and unusual? Cruel, perhaps, but not that unusual. [St. Petersburg Times via How Appealing]

* Florida and California decide to take a little break on the whole lethal injection thing. [CNN]

* New Jersey Legislature does what New Jersey's Supreme Court told them to. [FindLaw]

* Mariah Carey is concerned that people might be confused and think that she is someone who uses sex to make money....oh, wait a minute... [FOX News]

* Global warming is such a nuisance. [Jurist]

Non-Sequiturs: 12.13.06

* This is beautiful and noble. Painting with your butt -- or, rather, using your butt as a type of giant rubber stamp -- not so much. [Richmond Times Dispatch]

* Not all law students are holed up in the library 24/7, but it’s clear that cramming has taken a lot out of Legal Bachelor’s game. [Chicks Dig Law Students]

* Hmmm. I actually agree with Scalia here. (Well, if you are the inspiration for a Christmas season movie starring Will Smith, you could raise a kid on nothing but love and hope.) [Crime & Federalism]

* Your words-of-the-day: racewalker, Hooman, and the universal favorite, law school gunner. And to think I’ve been out of law school for only a few years. [Urban Dictionary]

* We should remind Evel Knievel that Jesus didn’t sue. And while we’re on the subject, why do I know who Evel Knievel is? [Likelihood of Confusion]

Morning Docket: 11.30.06

* Judge: Paper money violates the Rehabilitation Act because blind people cannot distinguish between bills. [CNN; USA Today]

* John Turley digs into recent comments by (presidential candidate?) Newt Gingrich on freedom of speech. [MSNBC]

* "Oregon Lawyer Wrongly Arrested After Madrid Bombings Settles Lawsuit for $2 Million." [Law.com; New York Times; Washington Post]

* Louis Vuitton sues Chewy Vuitton Vuiton... [WSJ Law Blog]

* ... and Ringling Bros. sue Louis Vuitton. [WSJ Law Blog]

* Former Illinois governor and convicted felon George Ryan gets bail pending appeal from the Seventh Circuit. [Chicago Sun-Times]

Fantasy football after the jump...

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