When we last wrote about the epic trademark war that Gucci launched against Guess in 2009, we noted that the case made headlines soon after the first filing. Apparently Gucci’s former in-house counsel, Jonathan Moss, had been engaging in faux lawyering, and he paid for it dearly — with his job.
Gucci v. Guess has been a dramatic roller coaster ride ever since, complete with men crying on the witness stand, and hours upon hours of in-court questioning for one company’s chief executive officer.
But as we noted in Morning Docket, a verdict has finally been reached in the case, and it looks like Guess will have to own up to its fashion faux pas with a payout of more than $4 million dollars in damages. But how will this ruling affect the fashion world at large? Let’s take a look….
* Yesterday marked day two of jury deliberations without a verdict in the John Edwards campaign-finance violations trial. The former presidential candidate says he’s “doing OK,” but you know he’s secretly pissing his pants over going to prison. [ABC News]
* Martin Weisberg, a former Baker & McKenzie partner, pleaded guilty to money laundering and conspiracy to commit securities fraud. He faces up to 15 years for both crimes. Like he wasn’t earning enough as a Biglaw partner. [New York Law Journal]
* A judge told two fashion houses to leave it on the runway, and not in the courtroom, but that’s not going to stop Gucci from collecting its due. Guess owes the company $4.66M for trademark infringement. [Bloomberg]
* If you’re wondering what you’re going to have to do to get your student loans discharged in bankruptcy, it’s really quite simple. Get diagnosed with an autism spectrum disorder, and you’ll be set. [National Law Journal]
* What’s the difference between looted art and art looted by the Nazis? The Hitler part. Proposed art legislation will ban all museum recovery claims, except those of families affected by the Holocaust. [New York Times]
* “”I can’t believe f**king Allred called you!” In a total attention whore battle royale, Okorie Okorocha has sued Gloria Allred for allegedly stealing both of his clients in the John Travolta gay sex scandal. [CNN]
I work in a highly competitive sales market. Underhanded deeds, though never perpetrated by my clients, are de rigeur in this field. There seems to be an ethical handbook for sales folks that has a theme of “ethics smethics –- close the deal at all costs.”
At quarter-end, or worse, year-end, this mantra can infect an attorney’s most rigid values. It is at these times when we must be on guard against the pressure to close. The pot at the end of the rainbow will look rather less shiny when tarnished by an ethics violation. None of this is news to most in-house folks.
With an economy on a slow crawl back to health, and internal pressures from all sides to cut costs and maximize revenue, shenanigans from sales people are rife in war story lore. But what of bad behavior by customers? I can tell you that after my years in-house, when I thought I’d already seen it all in private practice, I was quite wrong….
* A gem from the Eleventh Circuit: if you believe it’s newsworthy, it is. Even naked pictures of dead girls. Now stop hoping a hot girl dies, sickos. [CNN]
* If there’s one thing judges are good at, it’s keeping their law clerks white. They’ve made no progress in increasing diversity. [National Law Journal]
* Some law school grads bitch and moan about the “student loan scam,” but others just do what they went to school for, and sue about it. [ABC News]
* The social media machine that is Mark O’Mara can’t be stopped — judge’s orders. And George Zimmerman is going to like and retweet that until the cows come home. [Boston Herald]
* Here’s infringing on you, kid. British fashion house Burberry insists that a California company stop Bogarting its rights to Humphrey’s trademark and likeness, all for the sake of promotional materials. [Bloomberg]
* Dewey really need to keep coming up with punny headlines about D&L’s painful probe? Pass the lube, ’cause you better believe we dew! Steven Davis, the firm’s former chairman, has hired Barry Bohrer, a white-collar criminal defense lawyer and partner at the Morvillo Abromowitz firm. [WSJ Law Blog]
* “Of course all of that money for my baby mama is legal. I… uh… checked with my lawyers. Um, yeah. Just get the money in.” Cheri Young gave some pretty damning testimony yesterday during the John Edwards campaign-finance violations trial. [CNN]
* As if you didn’t have enough to worry about during finals, Law School Transparency has come out with a new clearinghouse that includes employment outcomes, salaries, and student debt loads. [National Law Journal]
* “I do not own a color. I own a specific color in a specific place.” Christian Louboutin was seeing red when he responded to interview questions over his trademark infringement suit against Yves Saint Laurent. [Fox News]
* Remember that Nutella class action suit? Ferrero settled, and you can cash in if you bought their delicious hazelnut crack during the relevant time period. Needless to say, they owe me $20. [American Thinker]
* Richard Bellman, the lawyer behind New Jersey’s “Mount Laurel doctrine,” RIP. [New York Times]
* “Bring me Solo and the Wookiee. They will all suffer for this outrage.” Rajabba the Hut seems to have had a second Goldman Sachs tipper. Say hello to Rajat Gupta, who has pleaded not guilty. [Bloomberg]
* Counsel in the Gucci v. Guess trademark case wrapped up their closing arguments in court yesterday. It’s generally not a good thing when the judge interrupts you to question your late filing. [Businessweek]
* Uh, apparently there’s a legal battle concerning intellectual property having to do with a Three Stooges porn parody. I personally shudder to think of how Curly is portrayed. [Hollywood, Esq. / Hollywood Reporter]
* After taking a blow from that fake beef lawsuit, Taco Bell’s sales are up thanks to its Doritos taco. Because getting your fingers covered in orange crap totally makes up for the “taco meat filling.” [Washington Post]
This week, the ITC ruled in favor of Louis Vuitton Malletier in an effort to protect the luxury goods company from a “large-scale international counterfeiting and infringing enterprise” that was reportedly run by Jianyong Zheng and Alice Bei Wang. The pair had allegedly imported, sold, and profited from faux replicas of the fashion house’s iconic toile monogram.
What does this ruling mean for Louis Vuitton, and what kind of remedy will be issued?
* One of ATL’s favorite celebrities — Yale Law School grad Yul Kwon, the first Asian-American winner of Survivor (as well as a former Second Circuit clerk and McKinsey consultant) — is returning to television, hosting a new show.
Danzig here. Over the last few days, I have tried to stay out of the Trayvon Martin story. Martin, an unarmed 17-year-old black teenager, was shot and killed by one George Zimmerman. Whether or not Martin’s death was a murder or a justifiable homicide has been a matter of some debate.
The shooting has picked up national attention, and it’s shedding yet another ugly spotlight on race relations in America. I’m on the same page as Elie regarding most of his frustration. But earlier this week we learned that the slain teen’s mother had filed a trademark application for “I am Trayvon” and “Justice for Trayvon.”
Elie thinks, in a nutshell, that this is a good and proper strategy to preserve Trayvon’s memory and prevent random people from profiting off of his death. But I have to disagree. I think his family members are wasting their time and energy.
Keep reading for details on the trademark applications. Grab a Coke and a bag of chips, and watch the two of us digitally duke it out in today’s ATL debate….
Apparently Moss had forgotten to renew his bar membership, and in the world of fashion law, one day you’re in, and the next day, you’re out (just like on Project Runway). Because there’s only one thing worse than faux leather, and that’s faux lawyering.
Armed with new lead counsel, Gucci faced off against Guess in federal court for the first time yesterday. While Gucci claimed that Guess had attempted to produce copycat designs, Guess countered that its products could never be confused with that of Gucci — after all, no one’s rapping about Guess.
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The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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