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.
* 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…
* Sorry ladies, but Seth Meyers is now engaged. To a lawyer of all people. Alexi Ashe of AC Investment Management graduated from Southwestern University School of Law and previously worked at the King’s County District Attorney’s Office, Human Rights First, and the Somaly Mam Foundation. [Gawker]
* A D.C. law firm is giving away its law library. An unscrupulous law school could bolster its U.S. News ranking because they count the number of volumes in law libraries even though no one has used a bound legal reporter in a decade. [Constitutional Daily]
* “But, soft! what light through yonder window breaks? And does it rise to the level of nuisance?” Just one gem over on this Tumblr. [Shakespeare Takes the Bar Exam]
* The Ohio Supreme Court may hear a speeding ticket case because there are no more pressing issues in Ohio. [USA Today]
* Pharrell is suing will.i.am because the latter seems to think he owns a trademark in every sentence with “I am” in it. And Pharrell quotes from noted legal authority Dr. Seuss. [Jezebel]
* Does Dwight Howard’s decision to sign with the Rockets highlight how state taxes pose a hidden threat to league parity? [TaxProf Blog]
* Still hankering for Supreme Court discussion? Here’s a thorough roundtable examination of the previous term. [Construction Magazine]
* Have a good legal-themed short fiction idea? Enter the ABA Journal’s Ross Writing Contest and you could win $3,000. [ABA Journal]
I don’t know about you, but the first thing I did on social media this morning was follow @KUBoobs, which then led me to follow @UKboobs and @Mizzouboobs. And then I remembered that I’m a goddamn 35-year-old married man, these women are in college, and didn’t really need to follow these accounts to do “research” for this story. Then I followed @JonesDay, which is kind of like throwing a pack of gum on the checkout scanner after ringing up a tube of K-Y.
In any event, the point is that there is a Twitter account called @KUBoobs which involves girls provocatively wearing Kansas Basketball gear (I suppose they could wear KU Football gear but, c’mon) and sending the pictures to the account to be posted online. The best ideas are the most simple.
Now, you’re not going to believe this, but this account is not sanctioned by the university. Shocking, I know.
But what actually is surprising is that some people at the University’s office, probably some pervs who were “tempted” to spend their whole work day on the site, tried to get their lawyers to shut it down. Do old people really know nothing about the internet?
Move over Prenda, there’s a new IP troll in town and it’s New York State.
Or at least the third-party agency assigned to protect New York’s trademark, and it’s harassing everyone it can find over an iconic image that few would recognize as a trademark.
But what elevates this trolling to a new level is that enforcing this trademark actually frustrates the mission of the holder. And isn’t promoting the business of the holder kind of the whole point of intellectual property protection?
And what really elevates this case is that the IP troll is literally sticking it to the Everyman…
Does spending their lives poring over minuscule differences between the designs of mundane products drive IP lawyers mad?
After yesterday’s tale of a patent lawyer ripping not one, but two letters berating the “special” insights of the examiners of the USPTO, a tipster topped that outburst by directing us to the tale of an attorney who went over the examiners and tongue-lashed some trademark judges. Because if arguing the uniqueness of water sprinklers can drive someone crazy, arguing the uniqueness of a fabric patterns creates a new kind of super-crazy.
Lateral partner movement continues in the world of intellectual property law. As we noted in Morning Docket, four partners and one of counsel are departing from Finnegan Henderson, one of the leading IP-only firms in the country.
Where are they going? What else is going on over at Finnegan? And what does the future hold for large, IP-focused law firms like Finnegan?
* Thieves made off with 5.5 tons of Nutella. Damn you Danny Ocean! [CBS News]
* Don’t try to play Baseketball in Canton, Ohio. [Legal Juice]
* The SEC finally allows companies to distribute disclosures via social media. Welcome to the 21st Century, SEC. [IT-Lex]
* Speaking of the SEC, Mary Jo White was confirmed by the Senate. [Fox Business]
* Chief Judge Alex Kozinski: “Can I get an oy vey up in here?” [COLLive]
* Kentucky is just all kinds of screwy. Lawyer jailed for not turning over documents/running drug ring. [AP]
* Energy law was number two in law firm activity this quarter. For the billionth quarter in a row, Third Amendment law failed to crack the top 10. [AOL Energy]
* Ha! “Thus, it seems that (as has so often occurred in IP law) the focus on the problems of copyright and patent has allowed trademark law to engage, unsupervised, in a great deal of mischief.” [Law of Fashion]
* Pro se litigants have finally killed Virginia’s sodomy statute. [The CockleBur]
* UChilawgo provides a visual representation of what happens when you criticize Brian Leiter on the Internet. [UChilawgo]
* Kelly Mathis, a Jacksonville attorney, got arrested for allegedly running a $300 million illegal gambling operation. And yet Nova Southeastern is able to make bank gambling that their students will find jobs with their degree. [Tampa Bay Times]
* If you’re looking for someone else to foot the tab for law school, the folks at Best Criminal Justice have a helpful list. [Best Criminal Justice]
* Law and the Multiverse knows the way to my heart: an analysis of the Futurama “Future Stock,” featuring my all-time favorite Futurama character, “80s Guy.” Click through to see “80s Guy” doing the The Safety Dance on a loop. [Law and the Multiverse]
‘What, no power rings for the Law School Avengers?’
* In case you didn’t catch this yesterday when it was announced, Osama bin Laden’s son-in-law, Sulaiman Abu Ghaith, is currently being held for trial in New York City. This will be the most unbiased jury in the world. /sarcasm [New York Times]
* According to Justice Anthony Kennedy, democracies shouldn’t depend “on what nine unelected people from a narrow legal background have to say.” Well then! I suppose we should look forward to the uprising. [The Big Story / Associated Press]
* Cooley and Winston & Strawn are working on the $600 million sale of everyone’s favorite store for slutty Halloween costumes, Hot Topic. Apparently that store still exists. I had no idea. Good to know! [Am Law Daily]
* Proskauer Rose is now the most powerful Biglaw firm in the sports world. It just goes to show that even if you’re too awkward to play ball, it doesn’t mean you can’t hit it out of the park in court. [Sports Illustrated]
* “I would love to blink and wake up in 10 years and see where all this ends.” Unemployed law grads are probably saying the same thing, but hopefully these law school law firms will be beneficial. [New York Times]
* A group of legal heavy hitters — “The Coalition of Concerned Colleagues” — submitted a cutting letter to the Task ABA Force on Legal Education. Next time, try “The Law School Avengers.” [WSJ Law Blog (sub. req.)]
* If it’s proven that enough Native Americans find the Redskins team name offensive, the Trademark Trial and Appeal Board may cancel the mark. Would it be offensive to call the TTAB Indian givers? [National Law Journal]
* An apple a day may keep the doctor away, but benchslaps are another thing entirely. Sorry, Gibson Dunn, but your document production “mistake” was “unacceptable” in Judge Paul Grewal’s courtroom. [Bloomberg]
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: email@example.com.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
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