Trademarks

The iPhone 5 in all its glory.

OMGGGG the new iPhone 5 was announced this morning! It’s the lightest, thinnest, bestest, fastest iPhone ever. It’s got a bigger screen, it fights crime, and it even picks up after your dog! Woooooo, Steve Jobs, you will never die in our hearts and minds and souls. <3333

OK, now that that’s out of the way, why do all you lawyers give a damn?

The intellectual property arms race, that’s why. As a Google VP mentioned in an interview earlier this week, Steve Jobs had warned us years ago about the possibility of thermonuclear IP war. Well, with the release of the new iPhone coming hot off the heels of Apple’s billion-dollar victory against Samsung, the bombs may be falling.

Or, in the words of Willem Dafoe, “There was a fire patent fight!”

double red triangle arrows Continue reading “Is Apple’s iPhone 5 A Sign of the IP Apocalypse?”

After more than a year of litigation, fellow fashionistas can finally rejoice, because thanks to the Second Circuit, French fashion house Christian Louboutin is officially entitled to trademark protection for its signature red-soled shoes. It seems that the epic judicial shoedown against Yves Saint Laurent is at its end.

But not so fast, ladies. Before you shake your Loubooties on the catwalk at Fashion Week, you may be interested to know that this was only a partial victory for everyone’s favorite luxury shoemaker.

The Second Circuit made a rather important distinction in its opinion today — one that seems a bit antithetical to Louboutin’s desires, considering the fact that it’s what prompted the underlying lawsuit in the first place….

double red triangle arrows Continue reading “Christian Louboutin No Longer Seeing Red After This Second Circuit Trademark Ruling”

Last year, we published a music video from a group of recent American University – Washington College of Law graduates rapping about when happens when — god forbid — you fail the MPRE. Well, the guys are at it again with a new, incredibly “informative” song about the patent system in America.

They’ve stepped up the production value, they have a celebrity cameo from the Director of the United States Patent and Trademark Office, and it all fits nicely into a rap song, you guessed it, about patenting sex. So yeah, click through for some serious flow….

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A cease and desist letter is going viral today, and all because it’s full of a little southern hospitality.

When I think of Jack Daniels, I think of getting drunk and saying outrageous things. I think of being sad and drowning my sorrows. I think of getting loaded and losing bar fights.

I don’t think of diffusing tense situations with reason and civility.

I’m going to guess that the lawyers for Jack Daniels who wrote this cease and desist letter didn’t have any of their client’s product before sending it out. It’s way too nice. In fact, it’s probably the nicest cease and desist that anybody has ever seen….

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Two porn stars made a “bet” on Twitter that they’d perform oral sex on fans of the Miami Heat if the team won the NBA championship. I’m not sure what these ladies agreed to do if the Heat lost; I’m going to pretend that they promised to “go back to college and blow your minds,” because I like the thought of LeBron being blamed for ruining their chances at an education.

In any event, the Heat won, and the women committed to going through with their dare. They set up a website, TeamBJNBA, to promulgate the rules of their free giveaway — because if they were paid to service the fans, THAT would be wrong and illegal.

But it appears that the NBA noticed their branding. I can only imagine the kind of person who would be confused into thinking that the NBA now sponsored BJs for fans of championship teams… though if they did, I suspect interest in the league would increase exponentially. The NBA moved to stop the giveaway, but you can’t keep good girls up off their knees.

Details, pictures, silicone, and notes on how to retrieve your champion rewards to follow….

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Welcome to your new home PTO!

Did you know that for years, the U.S. Patent and Trademark has operated almost entirely out of one location in northern Virginia? Kind of odd, seeing as out in California we’ve got that whole Silicon Valley thing going on. And Virginia is kind of far away.

But, no longer. The PTO announced that it is opening several new offices across the country. Can you guess where?

double red triangle arrows Continue reading “Patent Office Comes to California, Where the Innovators Live”

* It’s official: “law school grads face worst job market in more than 30 years.” Put that in your TTT pipe and smoke it. [Chicago Tribune]

* Not sure how good of a “cyber spy” you can be if you’re getting sued in federal court for things like cybersquatting and trademark infringement. [MarketWatch]

* Jerry Sandusky was convicted — oh Lord, he was convicted — Friday evening, and now his attorneys say they weren’t allowed to resign right before the trial. [CBS News]

* The New York Times has caught Linsanity, or at least it has caught an interest in the trademark case for Jeremy Lin’s popular catchphrase. [New York Times]

* It was Gay Pride weekend across the country. Practically speaking, for most people this meant lots of unexpected traffic jams and random glitter bombings. Evan Wolfson, a prominent attorney, was the Grand Marshal of the Chicago Pride Parade. [Chicago Sun-Times]

* Will today be the day we get the Obamacare decision? Who knows. In the meantime, here’s an interview with the folks behind the wonderful SCOTUSblog. [Forbes]

* The judge accused of elder abuse, in Alameda County, California, is still on the bench, but he has been relegated to handling small claims court. [Mercury News]

* An owner of the Miami Heat has sued Google and a blogger over an “unflattering” photo. I guess once you win an NBA championship, it leaves you with a lot of free time for other important pursuits. [CNN]

It is not necessarily uncommon for special interest groups of all stripes to invent their own “Olympics.” The Hipster Olympics went viral a few years ago, during my undergraduate years a sorority hosted the Mud Olympics (that was always fun to watch), etc. etc.

But beware, the U.S. Olympic Committee does not take kindly to those who allegedly usurp their trademark. Last year, we wrote about the Redneck Olympics getting shut down by the committee, and this week the organization is at it again, bringing the hammer torch down on an unofficial knitting “olympics.” Oh the humanity!

double red triangle arrows Continue reading “No One Messes with the U.S. Olympic Committee, Not Even Naïve Internet Knitting Enthusiasts”

* A U.S. congressional panel has voted to charge Attorney General Eric Holder with contempt of Congress. [Thomson Reuters News and Insight]

* Paul Ceglia’s motion to stay discovery, pending the resolution of his motion to disqualify Facebook’s attorneys, was denied. In last night’s ruling, the judge was less than sympathetic to Ceglia. [United States District Court Western District of New York]

* We wrote about Thomas Jefferson Law grad Michael Wallerstein‘s struggles with a quarter million dollars in law school debt last year. But it looks like he may have found an unorthodox, if not somewhat dodgy, escape route. On the other hand, maybe he’s gone out of the frying pan into the fire. [New York Post]

* The McCormick legal recruiting firm sued one of its former account managers for violating a noncompete clause. Fun times were had by all no one. [Blog of the Legal Times]

* The lawyer going after The Oatmeal and the charities benefiting from the “Bear Love Cancer Bad” campaign has now subpoenaed Twitter and ArsTechica. That’s pretty impressive for just about a week of work. [ArsTechica]

* An online knitting community feels the wrath of the U.S. Olympic Committee’s intellectual property enforcement team. [Gawker]

* Businesses have to choose their employees carefully so they don’t get sued down the road. Sometimes, apparently that means you should hire criminals. [New York Times]

A real 'Lewis' Vuitton?

* “At the Supreme Court, those who know, don’t talk. And those who talk, don’t know.” If that’s the case, then there must be a lot of people who “don’t know” — it’s rumored that the Court’s decision on Obamacare will be released today. [CNN]

* Dewey know what kind of news this week’s conference call will bring for the failed firm’s former partners? On Tuesday afternoon, we might get some information on the status of a global partner contribution plan. [WSJ Law Blog]

* Guys in my high school ambassadorial nominations pool used to have extramarital affairs with WSJ reporters all the time, it was no big deal. Obama still supports Brett McGurk, despite his racy emails. [Reuters]

* The $64,000 question in the Jerry Sandusky case: will the allegedly histrionic former football coach take the stand to testify in his own defense? He should, because apparently it’s his “only shot.” [Legal Intelligencer]

* Looks like Facebook decided to initiate the use of a proverbial “dislike” button when the company pointed the finger at NASDAQ in defense against dozens of lawsuits over its incredibly glitchy IPO. [New York Daily News]

* It’s actually possible to have an “offensive personality” as a matter of law: former prosecutor Kenneth “I Am the Prize” Kratz will plead no contest to six ethics violations for his sordid sexting scandal. [Associated Press]

* “Careful … that is a Lewis [sic] Vuitton.” It seems that at least one federal judge in Manhattan holds comedic value to a higher standard than our favorite fashion house’s trademark infringement claims. [Chicago Tribune]

* Loose lips may sometimes sink ships, but not all gossip is bad. After all, without gossip, your ATL editors wouldn’t be able to bring you some of the juiciest stories out there in the legal world. [New York Times]

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