News & Media
UDRP Complainant is "Sorely Misguided"
In World2Work Corporation v Kurt Reuss, NAF Case No. 1214404 (Aug. 18, 2008), Panelist Darryl Wilson lived up to his rapidly-growing reputation as a no-nonsense arbitrator. The domain at issue in that case was fired.com. The complainant held a trademark registration for FIRED, but did not seem to understand that trademarks are not “word patents.” While it is not normally required that the issue of genericness be resolved in the UDRP proceeding, especially when Complainant is the owner of a valid registration, it is important to address the issue when the mark and the domain consist of one or more common terms. Complainant’s belief that its registration gives it “an exclusive right to use the word ‘FIRED’ in commerce…” and
Religion, Free Speech No Defense to Refusing to Knock Up Lesbians
By Jessica Christensen, Legal Satyricon Employment Law Correspondent Guadalupe Benitez and Joanne Clark, a lesbian couple in a long term relationship, wanted to have a baby. After unsuccessful attempts at self-insemination using sperm bank material, the couple was referred to the North Coast Women’s Medical Center, Inc. (North Coast) for fertility treatment. Their doctor advised them that while she was happy to treat Ms. Benitez for fertility problems, her religion prevented her from assisting Benitez with artificial insemination because Benitez is a lesbian. The same religious objection was later re-asserted by another doctor at North Coast (the doctors later contended that their religious objection was to artificially inseminating any unmarried woman, regardless of sexual orientation). Ms. Benitez sued, alleging discrimination
Federal Government Doesn’t Want Transgendered Employee to Help Fight War on Terror
By Jessica Christensen, Legal Satyricon Employment Law Correspondent Trial concluded this morning in Shroer v. Billington (Library of Congress), a case that considers whether or not a transgendered job applicant is covered by federal antidiscrimination laws. After more than 25 years as an Airborne Ranger with Special Forces training, after having served in combat operations in Panama, Haiti and Rwanda, and after having spent years advising top U.S. officials – including Vice-President Cheney – regarding terrorism issues, David Schroer was denied a terrorism specialist position with the Library of Congress because he had decided to finally make the change and live his (now her) life as Diane Schroer. Upon learning of Schroer’s impending switch, the Library rescinded its previous job
Adult Business Prevails in Springfield, MA
Massachusetts superior court rules that video booths may have First Amendment protection and that an adult video store’s successful measures to cure prior secondary effects should be taken into account when considering a city’s denial of a license renewal. Additionally, the City argued that the public interest would be harmed by allowing the video booths to remain open, as they contributed to the transmission of HIV (a frequent claim by anti-erotica activists). The court noted that since there was no sexual contact between patrons, and they could only observe one another through glass windows, this argument was unpersuasive. See Capital Video v. City of Springfield. Congratulations to FALA brothers Paul Cambria and Thomas Lesser.
Now they tell us….
Diebold finally admits that its voting machines are pieces of shit. Great timing, guys. Update: A commenter provided this brilliant link.
Nassau County, Florida Seeks to Ban Porn Sales
The Fernandina Beach News Leader reports: Nassau County Commissioners considered an ordinance banning the sale of pornography during their meeting Wednesday. County Attorney David Hallman presented a draft ordinance to the board, but he and Commissioners Mike Boyle and Barry Holloway expressed concerns that the ordinance, if adopted in its present form, could expose the county to legal challenges. “I’d be remiss if I didn’t tell you that you’d be out at the edge if you adopt this,” Hallman said. (source)
Conventions Mean $$$ For the Sex Trade
See ABC News, Sex Trade Spikes During Conventions.
Memphis Police Director Targets Anonymous Bloggers
By Sam Lea, Legal Satyricon Correspondent Memphis Police Director Billy Godwin has filed a lawsuit aimed at discovering the identification of the persons behind a Blog that is particularly critical of the Director as well as the Memphis PD (source ). The Blog is known as MPD Enforcer 2.0, which has become a popular place for Memphis Police Officers to anonymously vent their frustrations with the Department and its leadership. Most of the documents associated with the case have been sealed by the court, so it is unclear if the objective of the suit is to simply identify “leaks” in the department, or if it is to simply shut the site down. Memphis Police officials have refused to comment on
Making the Wine
My little sister just published this piece in Yankee Magazine about my family’s annual wine-making party. My sister is so freakin’ cool.
Strolling Down Trolling Lane
The Progress and Freedom Foundation has a good post on how we already have adequate laws in place to deal with internet trolling. See Under-Appreciated Existing Legal Remedies for Trolling, Defamation and Other “Malwebolent” Invasions of Privacy. The article summarizes some academic ideas as to how we can combat the “scourge” of trolling. Frank Pasquale has argued that we ought to require Internet search engines to provide a “right of reply”–allowing someone to post a “reply” that would appear on a search engine next to content concerning them that they consider inaccurate or defamatory (essentially the “fairness doctrine” applied online). Others (one example) have argued for replacing Section 230 with something akin to the notice-and-takedown regime of copyright so that
The DMCA? She Bite Sometimes – Lenz v. Universal
In Lenz v. Universal, the N.D. Calif. allowed a little push-back against overreaching copyright owners who wield Digital Millennium Copyright Act (“DMCA”) takedown notices like a blunt club. In February of 2007, Stephanie Lenz videotaped her toddlers dancing in her kitchen to the Prince song, “Let’s Go Crazy.” She then uploaded the 29 second video to Youtube. “Let’s Go Crazy” can be heard for 20 muffled seconds. Universal then sent Youtube a DMCA takedown notice, and Youtube complied. Lenz sent YouTube a DMCA counter-notification pursuant to the little-used portion of the DMCA codified at 17 U.S.C. § 512(g) Lenz took the position that her video “constituted fair use of ‘“Let’s Go Crazy’ and thus did not infringe Universal’s copyrights. Lenz
MIT Gag Order Lifted!
The gag order in the MBTA subway hack case has been lifted. See Citizen Media Law Project.
When will she LEAVE?
Fay didn’t strengthen to hurricane status, but she has parked her fat ass right over us for days.
Did You Get a Notice From “Trademark Monitoring and Notification Service?"
Mike Atkins at Seattle Trademark Lawyer provides this valuable warning. Atkins writes: Companies like this may provide a legitimate service. But from where I sit, it only looks like they’re trying to profit from trademark owners’ inexperience. Watch out for them. The letter looks official, but it’s really just an official waste of money. Atkins speaks the truth. Each trademark application I have filed on behalf of my clients has quickly been followed by a form from the “Trademark Monitoring and Notification Service.” The bad news: A few have been suckered in and paid the $385. The good news, the “Trademark Monitoring and Notification Service” has immediately refunded the $385 when presented with a polite request from counsel.
College Prezzes, "Lower the drinking age!"
A group of college presidents calling themselves “The Amethyst Institute” say setting the drinking age at 21 encourages binge drinking on college campuses. They are urging legislators to lower the age. William Kirwan, chancellor of the University System of Maryland, William Brody, president of Johns Hopkins, C.D. Mote Jr. of the University of Maryland and the presidents of Washington and Lee, Sweet Briar, Towson, Randolph-Macon, Duke, Tufts, Dartmouth and others have signed on to the effort. (source) The Washington Post article says that it will likely be politically difficult to change the nationwide drinking age. I think that the college presidents have a point. Binge drinking is virtually unknown in societies that are less puritanical in their approach to booze.
Fay Update
It looks like Fay will not become a hurricane after all. That’s good news. But, she seems determined to hang around us for a few days.
Oh Crap…
Yesterday, I said “aw, fuck buying supplies… this is just going to be a puny tropical storm.” It looks like Tropical Storm Fay is going to cut under Orlando, go out to sea, pick up enough steam to become Hurricane Fay, and then return to shore just north of Orlando. That is not a good thing. I don’t expect that this will turn into any kind of major natural disaster. But, it sure as shit ain’t convenient.
Fay Update
Looks like Fay is turning a little bit… heading more out to sea before coming back inland. This is a big pain in the ass. It looks like the storm won’t hit the Orlando area head-on, but it looks like it is going to orbit the area for days.
Bill Donohue Doesn't Like These Blogs – Read Them!
Bill Donohue has been a wellspring of asshattery at every opportunity he has been granted, save one. He did have a pretty mature reaction to the South Park episode that took the ass out of him. Now he wants the blogs Bitch Ph.D. and Towleroad cut from the Democratic National Convention’s list of credentialed blogs. I’m following Popehat’s lead. Any blog that pisses off Bill Donohue has to be worth pimping on the LS.
