In short, Rothschild has no problem painting Hermes as a hypocritical trademark bully, so obsessive about protecting its bottom line that the company was willing to make an example of someone making an artistic statement using an iconic luxury item as a reference point.
Thom Browne will likely continue to press as much juice from its victory fruit as possible.
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It will be up to the jury and Judge Jed S. Rakoff, one of the Southern District’s most well-known jurists, to make the final call.
* A lawsuit filed by a former college basketball player against Adidas has been dismissed. Maybe he should take Adidas's slogan "impossible is nothing" to heart if filing an appeal... [Oregonian] * A man accused of shooting a New Hampshire pastor has pleaded guilty to assaulting his own lawyer. [AP] * The University of Miami has fired the dean of its law school, and members of the law school community are reportedly not pleased. [Miami Hurricane] * Alan Dershowitz is reportedly suing Netflix over a docuseries about Jeffrey Epstein. [Fox Business] * A judge has lowered a sentence after a defendant alleged "shady shenanigans" by a federal prosecutor. Surely, the lawyer didn't use the word "shenanigans" lightly... [ABA Journal]
* Smart women, foolish choices? Alexandra Marchuk might regret turning down a $425,001 offer of judgment from the defendants in Marchuk v. Faruqi & Faruqi, in which she wound up getting a $140,000 verdict. [Law360 (sub. req.)]
* In other news from high-profile sexual harassment cases, the trial in Harvard Law grad Ellen Pao's lawsuit against venture capital behemoth Kleiner Perkins got underway yesterday. [USA Today]
* A guilty verdict and a life sentence in the "American Sniper" trial. [New York Times]
* Embattled politico Sheldon Silver has turned to the talented Steven Molo in seeking to get the criminal charges against him dismissed. [New York Post]
* J.J. Nelson v. Adidas: coming to a 1L Contracts casebook near you? [ESPN]
* Law schools dropping the LSAT: a trend in the making? [BloombergBusiness]
* The latest in Deidre Clark v. Allen & Overy: is plaintiff Deidre Dare ready for her close-up psychological exam? [New York Law Journal]
* Is the job outlook for law school graduates brightening? Some thoughts from Jim Leipold of NALP. [National Law Journal via ABA Journal]
* As he runs for Congress, what does Staten Island district attorney Daniel M. Donovan Jr. have to say about the Eric Garner case? [New York Times]