News & Media
Medinol v. Neuro Vasx is Dead
In Medinol Ltd. v. Neuro Vasx Inc., 67 U.S.P.Q. 2d 1205 (TTAB 2003), the Trademark Trial and Appeal Board held that a trademark registration that contains erroneous information, such as goods and services that were never sold under the mark, would render a trademark registration as fraudulent and subject to cancellation. The TTAB imposed a constructive knowledge standard for errors in the trademark application. Calling a mere error “fraud” seemed like harsh medicine. Under Medinol, if an applicant for a trademark says that he sells Widgets, Donkeys, and Thingamajigs under the trademark RANDUZZI, he had better actually sell Widgets, Donkey, and Thingamajigs under that mark. If the applicant only sells Widgets and Donkeys, Medinol said that he committed “fraud” —
DHS Issues New Border Search Rules for Electronic Media
by Jason Fischer The Fourth Amendment to the U.S. Constitution protects “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures . . . (source).” Since 9/11, a good number of feathers have been ruffled, debating what constitutes an “unreasonable search.” Pundits a plenty have been ranting about “privacy this” and “warrantless that,” but the simple truth is that there are many situations where it is not “unreasonable” for the government to conduct a “search,” without first obtaining a warrant. A classic example is when officials, employed by U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Patrol (CBP), search your possessions upon entry into the United States
Twitter is Stupid, Give Up
I have been thinking about composing a piece on why Twitter is stupid, but making money got in the way of that. And, in the meantime, someone else wrote the perfect piece. See Devin Coldeway, Why I Don’t Use Twitter. In your face, Fischer!
Mexican Pole Dancing
by Tatiana von Tauber A Facebook friend of mine posted this very sexy pole dancing video. I have yet to find any vulgarity in the dancer’s moves. Not only does this particular interpretation of pole dancing show off the beautiful female body in movement but oozes with sensuality and eroticism. I’d hand her some hard earned cash for the performance. It takes the “nasty” right out of the stripper’s arena. [youtube=http://www.youtube.com/watch?v=PvcclwQbdec]
Chick-Fil-A, Breast-Feeding and A Whole-Lotta First-Amendment Bad-Assery
By: Zac Papantoniou While en route to check-off another item on my epic list of neglected errands thrown to the wayside while studying for the state bar exam I just took, I happened to catch a story being discussed on a local talk-radio station (yes, I listen to talk radio while driving . . . obsessively). They mid-morning show (The Buckethead Show) on 104.1 FM happened to be discussing a story involving two subjects I take interest in . . . protesting and breasts. Apparently, around noon today, a “nurse-in” was going to be held at a Chick-Fil-A not far from where I was; what’s a “nurse-in,” you ask? Well, hell if I know, but the back story goes a
Women Take the Helm in the Market for Porn
As my co-blogger, Tatiana, often proves to us – modern, third-wave feminism isn’t about wearing birkenstocks and not shaving. It looks like ABC News finally caught up to Tatiana. See ‘Adults-Only’ Businesses Find Growing Market Among Women.
Girls as Musical Instruments
This is cool [youtube=http://www.youtube.com/watch?v=IObPkUFq0hg] This is cooler and came first [youtube=http://www.youtube.com/watch?v=X75on4NW4vo]
Some Religious People Actually Get It
I can forgive any confusion that anyone might have held about the teachings of Jesus Christ or any other “prophet,” as long as that confusion occurred before 1989. In 1989, we received the word from Bill and Ted’s Excellent Adventure. “Be Excellent to Each Other” It looks like there are some religious leaders in California who saw the film.
Kitty Porn
A Flori-duh man has the best excuse ever for having child porn on his computer. He says that his cat downloaded it.
The Only Thing They Have in Texas is ….
Religious zealots and a few Jews trying to stem the tide of theocracy? The Texas State Board of Education is thinking about opening the door to teaching creationism in its science classes. Rabbi Nancy Kasten, of Dallas, said: Jewish tradition teaches that we serve God through a never-ending process of asking questions and making discoveries about our world … Studying the world using the tools of scientific method…and forming and testing hypotheses, is the way that scientists formulated our current understanding of evolution. This understanding does not conflict with the Jewish view of Creation. While there are still things to discover about how life evolved and continues to evolve, the questions that challenge current understandings are part of the scientific
Jones Day Trademark Claim Update
Update: Judge John Darrah of the Northern District of Illinois denied Blockshoppers’ motion to dismiss Jones Day’s trademark claims. A quick recap: Blockshopper is a website that reports on real estate transactions. In two reports, Blockshopper deeplinked to two bios of Jones Day’s employees. Jones Day then flipped their shit and filed a five-count trademark complaint. In denying the motion, the Court concludes: It cannot be said, at this pleadings stage, that Jones Day allegations of confusion are implausible. Bell Atlantic v. Twombly , cited by Judge Darrah, mandates that some level of substantive sufficiency be present in the complaint. For the life of me, I can’t see anything other than conclusory statements in Jones Day’s complaint. Isn’t this exactly
Can You Buy Porn on Flag Day?
Adultland XXX, an adult bookstore in Pulaski Township, Pennsylvania succeeded in its quest to overturn a finding that Adultland violated the Pulaski adult entertainment ordinance by, of all things, remaining open on Flag Day in 2006. See Boron v. Pulaski Twp., No. 1555 C.D. 2007 (Comm. Ct. PA 2008). The Pulaski adult entertainment ordinance prohibits “sexually oriented businesses from conducting business on a state recognized holiday.” (Op. at 1). However, the ordinance does not specify what constitutes a “state recognized holiday.” In the absence of such guidance, Police Chief James B. Morris, Jr., suspended Adultland’s business license for being open on Flag Day, a “state recognized holiday,” in violation of Section 18. Apparently Chief Morris’ irony meter was in the
19 Year Old Commits Suicide Live on Streaming Video
In a sad testament to the immediacy of the Internet, 19-year-old Abraham K. Biggs committed suicide live on the web-broadcasting site Justin.tv. Biggs overdosed on pills while on camera and appeared to be breathing for hours until watchers realized he might be serious, at which point they alerted the police. The video kept running until police and EMTs broke Biggs’ door down and blocked the camera’s view While this is a disturbing and sad situation, hopefully the knee-jerk censorship goons reel in their impulse to gate the tubes. Hopefully those who watched this poor guy’s last moments know what animals they really are.
Obama's AG Pick Has a Censorship Goon Past
Obama’s pick for Attorney General seems to be Eric Holder, a former Deputy Attorney General during the Clinton Administration. AVN’s Mark Kernes reports that Holder does not have a good track record on First Amendment issues. In 1998, Holder wrote a memo to all 94 U.S. Attorneys: “As you are aware within the past few years there has been increasing concern about the distribution of obscenity and child pornography both by traditional purveyors of “adult material” and in particular by those who distribute such material over the Internet. As a result of this unprecedented growth, I wish to remind you of the Department’s policies and priorities in the prosecution of federal obscenity cases… Thus, priority should be given to cases
Beaufort City Councilor Admits Anti-Catholic Bias, Abstains from Zoning Vote
Councilwoman Laura Von Harten of Beaufort County, South Carolina is in a little hot water after admitting that she would oppose a Catholic Church’s zoning request due to her opposition to Catholic Church policies. During a Land Management Committee discussion over whether to allow St. Gregory the Great Catholic Church in greater Bluffton to expand through a zoning change, Von Harten called the Catholic Church policy barring women from serving as priests “an affront to my dignity and all of womankind.” She also objected to the church’s anti-abortion positions. Von Harten, who doesn’t sit on the committee, said she would oppose the zoning change when it came to the full council because of the church’s positions. (source) Von Harten later
Mr. Obama, Let's Start that "Change" Thing With the FCC
Jon Katz reminds us: Barack Obama did not seem to speak much, if at all, about First Amendment protection during the campaign. However, he did talk repeatedly about change. Mr. Obama, it is time to change the decades long tradition of FCCensorship and prudery. (source) I think that a great “change” would be to send Kevin Martin and Deborah Taylor Tate to Guantanamo Bay to rot in their own feces for 10 years. That ought to be penance enough for the damage they have done to the Constitution during their tenure as FCC commissioners.
The 8 Most Underrated Muppets
The PC police have ruined most of our childhood favorites. Bugs Bunny is censored now as “racist,” the Road Runner is “too violent,” and the Cookie Monster eats celery! If you are an old fart sitting around wondering, “what is this world coming to when you can’t even show an ACME anvil falling on a coyote’s head”? then you’ll love this: The 8 Most Underrated Muppets HT: Bob Berger
TSA Security Theater Proven Useless, TSA Declares Victory Anyhow
This just in from the “tell me something I didn’t already know” department. It turns out that the TSA’s program to screen people who seem nervous (according to their Behavior Detection Officers) is useless. After annoying the ever loving fuck out of screening 160,000 sheep travelers, the BDOs have netted 1,266 arrests for drug possession and carrying fake IDs and umm… ZERO potential terrorists. (source) While this program has not ensnared anyone that it was intended to ensnare, I guess it makes everyone feel better, right? I got swept up in this bunk at LAX a few months ago. I had flown out for a hell of a party. While there, a friend gave me a suitcase full of porn
