USPTO Cancels Redskins Trademarks

In an opinion issued today by the Trademark Trial and Appeal Board, the six trademark registrations held by the Redskins were cancelled "...because they were disparaging to Native Americans at the respective times they were registered."  Here is a link to the ruling.





USPTO TTABVUE. Proceeding Number 92046185:



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USPTO Cancels Redskins Trademarks

In an opinion issued today by the Trademark Trial and Appeal Board, the six trademark registrations held by the Redskins were cancelled "...because they were disparaging to Native Americans at the respective times they were registered."  Here is a link to the ruling.





USPTO TTABVUE. Proceeding Number 92046185:



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Defendants May Have Another Chance at Recovering Attorneys’ Fees for Frivolous ADA Claims

I'm reposting because this is an interesting development.



Defendants May Have Another Chance at Recovering Attorneys’ Fees for Frivolous ADA Claims:



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New Law Grads Find J.D. Hurts More Than Helps - Today's General Counsel - Today's General Counsel

I'm not sure why anyone would get a law degree and then immediately not pursue legal work. There are vastly better ways to spend three years if you are not interested in being a lawyer. Furthermore, I'm not sure that the market for inexperienced recent college graduates with expensive professional degrees that they are not interested in using is ever particularly strong. I'm not really impressed with this blogger.





New Law Grads Find J.D. Hurts More Than Helps - Today's General Counsel - Today's General Counsel:



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Shocking Testimony! Literally — Lawyer Administers 750-Volt Shock To Witness « Above the Law: A Legal Web Site – News, Commentary, and Opinions on Law Firms, Lawyers, Law Schools, Law Suits, Judges and Courts + Career Resources

I'll confess that I have had a few witnesses that I wanted shock over the years. This is the sort of thing that seems like such a good idea at the time. It reminds me of the time early in my married life when the Bride and I had a serious "plate thrower" of an argument. (Mainly her throwing and me ducking, but still.). At one point, (perhaps because her throwing arm was tired) my bride stomped out of the room. Being the clever and funny person I was, I knew a bit of humor always lightens the mood. For my ill-conceived prank, I placed a cup of water on the top of the door so that when she returned to resume our argument it would fall. She participated in a reasonable recreation of the the last scene from Carrie with a few changes. 1. it was just water not pig blood. 2. She was slightly more upset than Carrie.

In retrospect, there were a lot of things I could have done better.  

Fortunately she has forgiven that youthful idiocy and I've become better about judging a bad idea.

Shocking Testimony! Literally — Lawyer Administers 750-Volt Shock To Witness « Above the Law: A Legal Web Site – News, Commentary, and Opinions on Law Firms, Lawyers, Law Schools, Law Suits, Judges and Courts + Career Resources:



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Hank Azaria Wins Lawsuit Over Funny Baseball Announcer Character

Hank Azaria Wins Lawsuit Over Funny Baseball Announcer Character:



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Attorney Friends Catch Up While Briskly Walking Down Courthouse Steps

This is really what lawyers talk about.

Attorney Friends Catch Up While Briskly Walking Down Courthouse Steps:

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Are You A Hipster? | Idea Channel | PBS - YouTube

Cultural capital is a great term for this concept.

Are You A Hipster? | Idea Channel | PBS - YouTube:

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Teller Lawsuit to protect Magic Trick

This is an interesting case I just read about in the October 2012 Esquire.  It raises numerous issues including, is a magic trick eligible for copyright? The Teller "trick" really verges on performance art and is pretty impressive. There is still a Youtube video of the Bakardy/Dogge version. Ino link because I don't want to encourage him) It is no where near as artful and I can see the argument that widely selling a cheap knock off would lead to dilution of the Teller original. I'm a big Penn & Teller fan so I have to admit I'm biased. This will be interesting to watch.

Teller v Dogge

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Kids today: Julian Presents "Lego Road Trip" - YouTube

When I was a kid summers were spent sweating, getting bitten by mosquitoes and going to the cheap matinees. Kids today are amazing. Julian is the writer, director and producer of this stop motion short. He spent his summer making movies. This is his latest offering.
Lego Road Trip - YouTube:

He also was the cinematographer and editor on our 2012 Pearland Film Festival Entry: "Ivory Merchant Present: THE BACHELOR". We won for technical direction--Thanks, Julian. (Yes that is your lawyer acting like an Edwardian dandy so you can see why we did not win for best actor.)

Technology is a disruptive influence. It has radically altered the practice of law but for today, I'm enjoying the benefits it has with regard to the great creativity of our friend Julian.  Enjoy his work.

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Too Many Cooks in eDiscovery | Bow Tie Law's Blog

Thanks to Bow Tie Law for posting this case.
http://bowtielaw.wordpress.com/2012/08/23/too-many-cooks-in-ediscovery/

7 Reasons Why I Can't Do "Free" | SharonHayes.com

This is a great blog post about being able to provide free services.  The best advice I ever got from another attorney was, "Do pro bono work on purpose. Not accidentally."  It is a tough lesson but Sharon Hayes makes great points. I would recommend this post to all small businesses.

7 Reasons Why I Can't Do "Free" | SharonHayes.com:

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Denying Service of Process by Facebook Message | Bow Tie Law's Blog

There is so much to like about this guy's blog. 1. He wears bowties. 2. He writes about e-discovery in a way that even non-lawyers will find interesting. This popped up in my twitterfeed and I felt the need to share. I think it is only a matter of time before service by Facebook is a reality.

Denying Service of Process by Facebook Message | Bow Tie Law's Blog:

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Girls Rock Camp Houston Gala: PUNK ROCK PROM

This is not a law related post. I'm on the board of Girls Rock Camp Houston and I'm the father of a Girls Rock Camp Houston Camper so please indulge me. Girls Rock Camp Houston is a great program. The girls have busy week learning forming bands, writing songs, practicing music, learning history, making t-shirts and many other things. Rosy feels like this camp has given her the self-esteem and confidence to speak out in middle school on issues that she feels are important. (She's also learned a lot of guitar). Here is a link to the website where you can learn more about the camp and buy tickets for the gala. This is going to be a great event. I look forward to seeing you there.

Girls Rock Camp Houston:

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Charles Carreon vs. The Oatmeal: There is nothing like good publicity...and this is NOTHING like good publicity

I have previously blogged about this case. Popehat.com is a great read even if you are not interested in internet law and intellectual property law. I've linked to the most recent article about this case. The short version of Charles Carreon vs. The Oatmeal is that a cartoonist, Matthew Inman, who writes under the name of The Oatmeal, sent a take down notice to a website called FunnyJunk.com because they had posted many of his cartoons without permission. He also made comments about FunnyJunk.com on his blog. Charles Carreon, attorney for FunnyJunk.com, sent a demand letter for $20,000. The Oatmeal refused to pay and actually started a fundraiser with the goal of raising $20,000, taking a picture of the money and then donating it all to charity. (There were also suggestions of rude cartoons of Carreon's mother. Rude but not a crime).
Friday Charles Carreon filed suit against The Oatmeal and the National Wildlife Federation and the American Cancer Society, the two charities that would benefit from the fundraiser.   This will be an interesting case to watch-a meritless fools errand-but fun to watch. Popehat.com has the whole stories as well as links to the pleadings.

The Oatmeal v. FunnyJunk, Part IV: Charles Carreon Sues Everybody | Popehat:

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Matthew Inman "The Oatmeal" has posted an open letter to Charles Carreon.
Charles Carreon's suit is clearly not having the desired effect. Lawyers and publicists should read up on the "Streisand" effect before launching into a suit of this kind. There is nothing like good publicity but this is clearly nothing like good publicity.

I'm on the cover of Leisure Learning this summer

I'm on the cover because I'm teaching the "Do Your Own Will" class.

The Class will run two Mondays from 7:30-9pm Jul 9, 16, and the next session will be two Saturdays from 10-11:30am Sept 8, 15. I hope to see you there. Check it out at LLU.COM.

Another Fun Copyright Case.

This is another fun copyright case. Thanks to my brother for the heads up.
What should I do about FunnyJunk.com? - The Oatmeal:

'via Blog this' More extensive and snarky commentary from Popehat.Com Good Quote: "He does so based on the fiction that FunnyJunk is "a competitor of the Oatmeal in the field of online humor." This is true in the sense that Sting is in competition with the homeless busker singing "Englishman in New York" in the subway." http://www.popehat.com/2012/06/12/hey-did-somebody-say-something-was-going-on-with-the-oatmeal/

Sugar Land artist sues Utah foundry for allegedly copying statue | Fort Bend Southwest Star Newspaper

Did you know that sculptural works are subject to copyright? Interesting story in the Fort Bend Star.

Sugar Land artist sues Utah foundry for allegedly copying statue | Fort Bend Southwest Star Newspaper:

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Bonnet Honkers beware: White Trash Home and Garden: Garden Fashion: The Bonnet

My bride has told a tale of fashion sense and client relations. It's a good read. Enjoy.
White Trash Home and Garden: Garden Fashion: The Bonnet:

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IBM study : Law firm managing partners need to be social media savvy

I've been pushing social media for years. I generally get the response, "what does anyone want to know what I had for lunch?" If that's your social media strategy you are doing it wrong. (unless you are a food blogger.) My experience has been that two of my biggest cases originated from Twitter. Ignoring social media today would be like refusing to get a telephone 100 years ago because it was a passing fad.

IBM study : Law firm managing partners need to be social media savvy:

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