Trademarks

* Tim Tebow’s trademark will become invalid if “Tebowing” is not used in commerce. That might suck for him, but right about now Tim Tebow should be more concerned about whether “Tim Tebow” is going to be used in commerce. [The Official Review]

* Law school groups take to Facebook to advertise a panel on medical marijuana. A drug dealer litters the page with ads for drugs. Hilarity ensues. [Facebook]

* The Honorable Felicia Mennin may not understand time, but she does realize that “wearing jeans and a pea coat” does not a street walker make. [Jezebel]

* The mind behind Courtoons has a new iPhone App that lets you violently destroy the obnoxious 3 a.m. email from that partner. [iPhone JD]

* There’s a Philadelphia-based Instagram account, rats215, that posts witness statements to grand juries as an “anti-snitching” measure. This will end well. [Gawker]

* Dude who can set his water on fire is getting sued for defamation by… the people who made his water flammable. [Nation of Change]

* We’ve written before about Judge Ken Anderson and his career as a prosecutor where he just put innocent people in jail. Well now he’s going to jail. [Huffington Post]

* The on-going Wyoming Law scandal got heated when Dean Easton showed up to a Town Hall meeting to call out University President Bob Sternberg. [Wyoming Star-Tribune]

I’m always amazed when lawyers send clearly bogus DMCA notices. It shouldn’t be hard to figure out that doing so ends badly. I’m doubly surprised, however, when it comes from big companies that should know better. And, I’m quadruple surprised when one of these companies that should know better sends a completely bogus DMCA notice to a company that absolutely understands why the notice is bogus, and is also in a position to make the world know all about a company’s bogus DMCA notice. That’s what we have here. You see, this morning, Office Depot decided to send a DMCA to Reddit.

Yes, to Reddit….

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* In 1967, Hunter S. Thompson explored the wild and crazy world of the Hell’s Angels. In 2008, FX premiered Sons of Anarchy. In 2013, the Hell’s Angels are filing intellectual property suits. Hard. F**king. Core. [Houston Chronicle]

* Who’s your favorite Disney princess? I’d say RBG. [Women You Should Know]

* Some folks are scared that recent FERC settlements are too aggressive and could “unravel the entire power market.” That’s either hyperbole or the scariest thing in the universe ever. [Breaking Energy]

* Loyola Law School started a fashion law program to serve this burgeoning industry. Pretty interesting stuff. And if you want to meet Staci Riordan, the woman responsible for setting up this program, join our Staci Zaretsky in L.A. on November 12, when she hosts a panel of fashion law experts including Riordan . It’s dueling Stacis! [Fashionista]

* The discriminating woman’s guide to buying pearls. I figured y’all just pulled identical necklaces out of a drawer like Marge Simpson. [Corporette]

* In cases of sex abuse, the expert witness is incredibly important. [The Expert Institute]

* Here’s a look at what may be next for Judge Scheindlin, who gave interviews revealing her bias because she said stuff like the government is not entitled to deference and should be forced to make its case. Oh my God, IMPEACH!!! [Ramblings on Appeal]

* Speaking of Judge Scheindlin, Elie was on HuffPo Live today discussing the ruling. Video embedded after the jump (around 11:08)….

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Here at Above the Law, we’ve brought our readers great responses to cease and desist letters on multiple occasions (see e.g., here and here). It’s about time we shared an epic cease and desist letter with you.

This C&D letter is of great importance to those of you watching the World Series and rooting against the Boston Red Sox. The American Mustache Institute (yes, that exists) allegedly sent this creative piece of genius to Ed Weiss, who serves as the team’s general counsel. It seems the AMI objects to the team’s display of facial hair, claiming that hirsute players — like Mike Carp, Jonny Gomes, Dustin Pedroia, Ryan Dempster, Mike Napoli, Jarrod Saltalamacchia, and David Ross — have “harness[ed] facial hair towards athletic excellence,” thereby infringing upon AMI’s trademark on the “Sexually Dynamic Mustached American Lifestyle.”

This is something you’ll definitely want to read…

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* Stop bullying the judges on the Foreign Intelligence Surveillance Court. They don’t cave to just any government data request — they make changes to about 25 percent of them. But uh… they don’t like to talk about the other 75 percent. [Bloomberg]

* Everything’s bigger in Texas, including the number of Biglaw firms with failing grades for diversity. Hunton & Williams, Patton Boggs, and Thompson Coe are by far the worst offenders of all 19 large firms, with ZERO minority partners. [Texas Lawbook]

* A contract attorney is currently facing criminal charges for felony overbilling (which isn’t actually a real crime, but it’d be cooler if it was… plus it would make lots of lawyers from DLA Piper cry). [Radio Iowa]

* Well, at least one school got the message about the tuition being too damn high. Iowa Law is reducing tuition for out-of-state students by about $8K in the hopes of filling more seats. [Des Moines Register]

* Amanda Knox, more commonly known as Foxy Knoxy, says that she’s no “femme fatale,” but she’s being portrayed, again, as a “sex-obsessed she-devil” after already being acquitted of murder. [Reuters]

* Fashion designer Christian Louboutin was seeing red over the use of his trademark red soles in anti-Islam political messages, so he sued over it, and this time, he won. Rejoice, fashionistas! [New York Magazine]

So a lot of clients are jerks.

We all know it, it’s why lawyers are so terrible: we spend all our time taking out how awful some client is on others. But no one ever calls out the client in public, because we’re either too nice or too interested in keeping our business to ridicule our gravy train.

But then there are some lawyers who are big enough and important enough to become the Honey Badger and just rip clients on the radio.

Maybe this is one more advantage of being part of Skull & Bones….

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Lady Gaga

* You skip over the footnotes when you’re reading for class, but Justice Ruth Bader Ginsburg doesn’t think you should. She’s a proponent of the most important footnote in all of constitutional law. [New Yorker]

* New York will modify its pro bono requirement for LL.M. students to allow public service completed outside the country. Well, so much for closing the state’s justice gap. [New York Law Journal (sub. req.)]

* Everything’s bigger in Texas, including the government-initiated trademark infringement actions over “Don’t Mess With Texas.” Like “I <3 NY," the Lone Star State's slogans are off limits. [New York Times]

* WUSTL Law Dean Kent Syverud didn’t mind advocating for halving professors’ salaries. He just stepped down to become Syracuse University’s president — for much higher pay. [National Law Journal (sub. req.)]

* You can sue Lady Gaga for overtime pay all you want, but you do not want to face her wrath. The pop star is due in court in early November where she’ll tell a judge “exactly what f**king happened.” [Daily Mail]

There’s a very cool group out there called the Hacker Scouts, which was started last year, trying to get kids interested in cool hacking stuff:

Hacker Scouts is a national non profit organization, founded in the Fall of 2012 in Oakland CA, that focuses on STEAM (science, technology, engineering, art, and math) education, skill building and community engagement with the aspiration to help our children develop skills in the areas they are truly interested in, abilities that would allow them to dream big and create big. A variety of experts and mentors from the community ensure a well rounded and high level of attention and skill building for all ages through accessible programs that meet the different needs of our young makers. Hacker Scouts provides open source material and a support program for Hacker Scout programs globally.

Awesome, right? Definitely the kind of thing that should be encouraged. But, then the Boy Scouts of America went ballistic and threatened the Hacker Scouts with trademark infringement claims…

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A few months back, we covered New York State’s unfortunate decision to engage in base IP trolling. The state farmed out its rights to a property rights management firm, who then started bringing outrageous claims alleging violations of Albany’s trademark on “I ♥ NY.” Specifically, the firm in question not only pressured a coffeehouse into ending its “I [coffee cup] NY” campaign, but then asked for an accounting of the profits to calculate a damages claim.

Sadly, New York has not since exited the trolling world.

A couple weeks back, a new set of attorneys for the New York State Department of Economic Development — the agency holding the trademark — sent a threatening letter to a model train manufacturer.

And the manufacturer fired back in kind…

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* Zynga is suing the makers of Bang With Friends alleging that the latter chose its name to take advantage of market confusion with Words With Friends. To remedy the suit, the app is considering a name change to “Bangville,” which actually works better because Bang With Friends is all about pathetically bothering everyone on Facebook to give you something you can’t go out and get yourself. [BBC]

* Ariel Castro gave some testimony. It was crazy. Enjoy! [Jezebel]

* A comprehensive legal analysis of Better Off Dead. Spoiler alert: the Paperboy was a penal code violating machine. [The Legal Geeks]

* 10 Things Only Someone Who’s Taken the Bar Exam Would Know [Policy Mic]

* Just where is the FISA Court? 10 points to Gryffindor for the “Room of Requirement” reference. [Konklone]

* The NBA luxury tax is supposed to help parity. So why doesn’t it? [The Legal Blitz]

* Brutally honest Craigslist ad for temp document review work. This will probably come down at some point, so the ad is reproduced after the jump…

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