Trademarks

* Are you a judge or former judge interested in being on television? All you have to do is move into some quasi-Survivor commune. Who would be the best jurist to send out there? I’d say Thomas so he can just stare at everyone silently and offer no assistance. [LawSites Blog]

* Law students fight to get an immigrant lawyer admitted to the bar over 100 years later. Just what California needs. Another lawyer. [UC Davis News & Information]

* Speaking of California needing more lawyers, California law schools are reaching out to community colleges to find students who saved on their undergraduate education and might be willing to start taking on some serious debt. [SF Gate]

* The State of Texas has intervened in a legal brawl between two breweries over the use of the Alamo. One more liberal government trying to take over the free market. [Brewery Law Blog]

* Professor John Banzhaf has an interesting suggestion regarding the death penalty: why are we still using injections anyway? [PR Log]

* Most people shouldn’t sue just because they can: a commentary on Alex Rich’s recent piece. [Law and More]

* More feedback on the ATL Top 50. [Most Strongly Supported]

* “Tacoma needs a law school like I need a hole in the head.” Exactly. [Post Defiance]

* The South Carolina Commission on Higher Education took a big step toward invalidating their own name by approving the sale of Charleston to Infilaw. By the way for comedy’s sake, attached below is a screenshot of the Google News alert I got on this story…. [The State]

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The ice cream season is finally here! Can’t you tell from the 50 degree weather and driving rain? Well, technically ice cream season is here and that means the streets will be filled with ice cream trucks peddling their tasty wares and blaring “Pop Goes the Weasel” or some such.

If you’re one of the lucky ones living in a city serviced by the venerable Mister Softee, you’ll get their original song drilled into your head. You can listen to it on a loop here if you’re working at a CIA black site and looking for some new jams to play for your guests. Did you know it had lyrics? Apparently it does. Who knew?

When you’re the preeminent “soft-serve out of a truck” vendor, people come gunning for you. Usually by looking ever so suspiciously exactly like you.

You actually will not believe the name of the company Mister Softee is suing….

double red triangle arrows Continue reading “I Scream, You Scream, We All Scream For Trademark Infringement”

* REMEMBER: The last day to vote for your favorite entry in our Law Revue contest is SUNDAY at 11:59 p.m.

* Okay, law students! How far would you go for silence in the library? [Legal Cheek]

* An attorney was suspended for two years for beating up girlfriend who he began dating while she was still a client. But the real punishment seems to be the extensive text message communications attached to the decision. It’s like a teacher making you read the note you were passing out loud in front of the whole class. Cringeworthy clinginess. [The Oklahoma State Courts Network]

* Lawyer’s alleged drunken air rage diverts a trans-Atlantic flight to Dublin. Because if you have a potentially quarrelsome drunk, dropping him off in Ireland is the right answer. [Irish Times]

* Aeropostale is suing H&M over the phrase, “Live Love Dream.” Maybe what they save on originality they pass along to the consumer. [Fashionista]

* This is how all trials should end. [Condé Nast Collection]

* The wrongfully accused — like the people bullied into pleading guilty to crimes they didn’t commit — are given a raw deal in more ways than one. [Policy Mic]

* Woman arrested after she called the crime lab posing as a court employee and tried to get her evidence destroyed. Well, it was worth a try. [The Times-Picayune]

Whenever clients ask about filing a trademark in China via the Madrid System, our answer is simple: filing a national application directly with the Chinese Trademark Office (CTMO) is better.

China’s trademark system is complicated and overseen by oftentimes capricious examiners, especially as compared to the one-size-fits-all Madrid application that makes registering a trademark in China seem so easy. All you have to do with a China trademark filing via the Madrid System is check the box marked “China.” This lulls Madrid applicants into a sense of complacency, but all too often the result is a rejection that could have been avoided with a national application in China.

Madrid applications are supposed to be cheap and quick, but fixing Madrid problems after the fact is neither. This “Madrid problem” is exacerbated by U.S. lawyers comfortable filing in Madrid but with no experience filing in China.

Trademark prosecution in China is highly mechanical. For the vast majority of applications, you file an application and then wait 18 months for your trademark to be registered or rejected. (A slight oversimplification, but not by much.) China has no CTMO equivalent to a USPTO office action, no back-and-forth with trademark examiners, and no chance to amend an already filed application.

For this reason, the meaningful work for Chinese trademark applications occurs before you file the application…

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Katherine Heigl

* A three-judge panel of the Tenth Circuit seemed a bit torn as to the constitutionality of Utah’s same-sex marriage ban during oral arguments yesterday. This one could be a contender to go all the way to the Supremes. [New York Times]

* Another concussion lawsuit has been filed against the National Hockey League by a group of former players, this time alleging a culture of “extreme violence.” The pleadings are a bit… odd. We’ll have more on this later today. [Bloomberg]

* “We’re not going back to 2006 anytime soon,” says NALP executive director Jim Leipold. The legal sector lost lots of jobs in the recession, and they’re not likely to come back. Happy Friday! [National Law Journal]

* It’s never too soon to start writing your law school application essay. Please try not to bore the admissions officers — make sure you have a “compelling” topic. [Law Admissions Lowdown / U.S. News]

* Katherine Heigl (remember her?) probably needed some cash, so she filed a $6M lawsuit against Duane Reade for posting a picture of her carrying one of the drugstore’s bags on Twitter. [Hollywood Reporter]

* Professor Rick Hasen drops knowledge bombs all over the “subtly awful” decision in McCutcheon. [Slate]

* Another firm joins the “CV Blind” approach of assessing future lawyers without looking at their grades. So go ahead and blow off that third-year course if this trend continues. [Legal Cheek]

* In case law schools needed another study to make them feel better about driving up costs, here’s a new study that says schools that hire hotshot professors improve faculty productivity. [TaxProf Blog]

* Med students are mistreated. Boo hoo. At least you bastards get jobs when you graduate. And they were mistreated by the hospitals they worked with? Try a Biglaw firm right before a deadline and then stow your whining. [Chronicle of Higher Education]

* Education Department moves to prohibit the practice of colleges barring lawyers from institutional sexual assault hearings. In other news, colleges have been getting away with keeping lawyers out of hearings about potentially criminal acts. [Inside Higher Ed]

* The BARBRI public interest fellow contest is now underway! Watch the videos and cast your vote by April 7. [BARBRI]

* Strip club company thought it could build a theme restaurant based on the movie Talladega Nights. More after the jump… [Bloomberg]

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(c) Image by Juri H. Chinchilla.

Years before Philadelphia’s National Constitution Center built the forty-foot high “Tower of Law” (or, as Stephen Colbert called it, “the building blocks of boring”) out of unused legal reporters, Lexis started the books’ march to obsolescence when it debuted on April 2, 1973. “Lexis,” a term the company’s president coined by combining the Latin word for law plus the letters “IS” for information systems, was the first widely available commercial electronic database for legal research. When it launched forty years ago, Lexis contained only decisions from Ohio and New York. Today, it provides access to nearly 5 billion documents, including cases from all state and federal courts, as well as notes written by law students that are still awaiting their first citation reader. This week, On Remand looks back at the history of Lexis, its rivalry with Westlaw, and its dispute with the maker of a car popular with attorneys . . .

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Yesterday, one of America’s most famous lawyers died. The repulsive apotheosis of homophobia, Fred Phelps, slithered off his mortal coil surrounded by the physical sensation of hatred and utterly alone… if his own brand of brimstone karmic retribution carries with it even a shred of truth. At any rate, old Fred was a lawyer back in his day. Back in the 70s, he was disbarred for calling a witness a “slut.” Sex is difficult and bewildering for some people.

As a youngster growing up in Kansas, I was familiar with Freddy’s wacky brand of hatred. I think I first encountered him protesting a Pat Robertson speech when I was in high school. Très dada, the 16-year-old me whispered to no one in particular. And so it was that I began to notice Fred Phelps, long before his military funeral protests and his national fame. In college at the University of Kansas, I encountered dozens of his protests. To a homophobe like Fred, Lawrence, Kansas, was Sodom itself. A den of iniquity quite pleased with itself, thank you. And so it was jarring when we all noticed Fred’s choice of attire to keep himself warm during those gross, cretinous, mid-January protests. A KU jacket.

With March Madness upon us and basketball open on another tab of the browser I’m typing on, I say unto you… Rock chalk Jayhawk, let’s talk sports…

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Two of my favorites: Jesse Eisenberg and Andy Samberg.

Earlier in the week, I came across an interesting intellectual-property fact pattern in the New York Post. The Post reported on a calendar conflict in which the creator of the Nice Jewish Guys Calendar, an established brand, alleges trademark infringement by a newcomer, the Naughty Jewish Boys Calendar.

I must now confess to a weakness for the Chosen People. I admire them not just for their socioeconomic and educational attainment but for their sex appeal. So I was more than happy to investigate.

Let’s check out the competing calendars, the cease-and-desist letter, and the response thereto — along with some Hebraic hotties, of course….

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(c) Image by Juri H. Chinchilla.

On March 5, 1963, Arthur Melin, co-founder of the toy company WHAM-O, Inc., received a patent on the hula hoop. This week, On Remand looks back at the hula hoop and one of the era’s other crazes: Alvin and the Chipmunks.

By the time the hula hoop received its patent in 1963, it had already enjoyed great success. The hula hoop fad started in the summer of 1958, and by fall, WHAM-O had at least twenty-five million customers gyrating and swiveling their hips to keep the hoop in motion. By Christmas, the hula hoop had become the “Tickle-Me-Elmo” of 1958. Everyone wanted one, including a chipmunk named Alvin.

Alvin, and his chipmunk pals Simon and Theodore, also debuted in 1958. Ross Bagdasarian, Sr., a composer, singer, and actor now better known by his stage name David Seville, created the singing squirrels by manipulating the playback speed of his voice on a tape recorder. His gamble – spending $190 of his last $200 on the fancy machine – paid off. By Christmas, one of the songs from the first Chipmunk album, “The Chipmunk Song (Christmas Don’t Be Late),” had reached number one on the charts. In it, Alvin pleads for the year’s hot toy: “me, I want a hula hoop!”

By the mid-60s, Americans had lost their enthusiasm for the hula hoop and Bagdasarian had grown bored with the Chipmunks. When Bagdasarian died unexpectedly in 1972, his son Ross Jr., a chip off the old block, longed to revive his father’s creation. First though, because his father had insisted, Ross Jr. went to law school. . .

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