Moritz Legal Information Blog

If you're signed up for Trademark Law in the fall, and you're looking for some interesting advanced reading, check out this news story from the New York Times . In a nutshell, New York's Department of Economic Development owns the mark I ♥ NY, and it polices its mark very actively. As the result, a New York coffee shop has been forced to jettison its shirts, onesies, mugs, and other logoed items which have the mark I [coffee mug symbol] NY. (See the article for both marks.) Reading the article, it seems a bit like a David and Goliath story with David coming out on the losing end of things this go 'round. But is policing one's mark (i.e., sending cease-and-desist letters to perceived infringers) a statutory obligation? And regardless, how much "policing" is necessary or required? Check out the following resources to determine the answer: Trademark Basics (from the USPTO ) Trademark Law Research Guides Trademark texts available in the law library

Back in February, we posted about the Ohio Supreme Court's  denial of admission to a test-taker who continued writing for 30-60 seconds after time was called on several questions. The good news for those of you sitting for the exam in a few months is that this is an easily avoidable mistake. Trust that you prepared appropriately, and you should do just fine. For those of you working towards the July exam, we have a research guide on the subject. The guide includes helpful books and strategies, practice tools for the multi-state portion, and links to past essay exams from the Ohio State Bar.

Perhaps you know and love Urban Dictionary , or perhaps you consider it gauche. Either way, it's an important online tool to be aware of if only for the fact courts are now looking to the online, crowd-sourced dictionary for assistance with judicial decision-making. The New York Times reports In the last year alone, the Web site was used by courts to define iron (“handgun”); catfishing (“the phenomenon of Internet predators that fabricate online identities”); dap (“the knocking of fists together as a greeting, or form of respect”); and grenade (“the solitary ugly girl always found with a group of hotties”). But be wary of turning to this source for all (or in fact even the occasional) legal need; search cases in your jurisdiction for evidence of prior use of this and other crowd-sourced websites (e.g., Wikipedia) to get a sense of how the judges you'll be in front of view these tools.

Law Librarian Blog suggested a great paper topic : how many times has Spock been cited in judicial opinions? The question is based on a Wall Street Journal article  which cites the most recent example . If this type of paper is up your alley, but you're not entirely sure how to aggregate all the cases  (including unpublished opinions if you're so inclined), stop by the library for some suggestions. Because American Jurisprudence is good for telling you all the key cases regarding federal search and seizure law but not so good for Star Trek quotes.

Pixar is working on a film with the theme or subject Dia de los Muertos , the Mexian holiday honoring the deceased. As film companies typically do, Disney, Pixar's parent company, applied for trademarks using the anticipated name of the film in relation to a variety of merchandise. Needless to say, people of Mexican heritage were upset. To quote one commenter, "This is not Ok. You cant trademark my culture! [ ]" But is that necessarily true? For example, the NFL football team, the Washington Redskins, has in fact registered WASHINGTON REDSKINS for "Entertainment Services-Namely, Presentations of Professional Football Contests." So it does seem to be perfectly legal to register cultural marks. Even the cheerleaders have their own trademark .  (Note, the Supreme Court declined to decide a case which argued that use of the Washington mark was offensive.) Section 2(b) of the Lanham Act prohibits the registration of a mark that “consists of or comprises imm

We have talked in the past about TSA lawsuits , but suing is not the only way travellers have expressed their displeasure at the TSA. Last April, John Brennan took off all his clothes at the TSA checkpoint in Portland, as a protest against additional screening procedures. Lowering the Bar has been covering this story from the beginning ( here , here , and here ), including Brennan's not guilty verdict for indecent exposure. But now, Brennan is back in court, appealing the TSA's fine of $1,000. KATU Portland (with video of TSA workers surrounding Brennan with containers, to shield him from view) ABA Journal Huffington Post

For better or worse, we live in a wildly litigious society. On one hand, the U.S. tendency seems to be to seek redress in court rather than through personal vendetta. On the other hand, folks seem to sue for everything under the sun. How Stuff Works has an article about the ten biggest manhunts of all time. Number four on the list is a recent one: former police officer Chris Dorner is alleged to have murdered a police officer and attempted to do the same for various other individuals. A manhunt ensued. The manhunt is believed to have been predicated by Dorner's lawsuit for wrongful termination after he was fired from the police force for lying about an on-the-job incident. In the wake of the manhunt, more lawsuits have been proposed and pursued: Attorney for man carjacked by Christopher Dorner threatens lawsuit claiming full $1 million reward Rick Heltebrake, Camp Ranger, Files Lawsuit For $1 Million Christopher Dorner Reward Slain ‘Cop Killer’ Christopher Dorner’s Mom