News & Media
New Jersey’s Long Arm of the Law
New Jersey’s long arm statute seems to have stretched a little too far in this decision. In Goldhaber v. Kohlenberg, the New Jersey Court of Appeals ran through a litany of internet jurisdiction cases, most of which held that a defamation defendant doesn’t get to sue in his home court — but must sue in the speaker’s home court. Unfortunately
Slapp Suit – Veranda Partners v. Giles Article in the Orlando Weekly
The Orlando Weekly covers the Veranda Partners v. Giles SLAPP suit. (link) Earlier post here.
Another Reason I Won't Consider Voting for Giuliani
Bad enough he uses the “vote for me or the terrorists win” argument, but this little gem reveals the true Rudy. We look upon authority too often and focus over and over again, for 30 or 40 or 50 years, as if there is something wrong with authority. We see only the oppressive side of authority. Maybe it comes out
Ron Paul on the UIGEA
Another reason to like Ron Paul. I can’t say that I throw in 100% with his economic policies, but I can’t say that they would keep me from voting for him. His libertarian views on social issues are what makes him my Republican candidate of choice. His statements today about online gambling demonstrate that this is the kind of guy
Another Reason I Won’t Consider Voting for Giuliani
Bad enough he uses the “vote for me or the terrorists win” argument, but this little gem reveals the true Rudy. We look upon authority too often and focus over and over again, for 30 or 40 or 50 years, as if there is something wrong with authority. We see only the oppressive side of authority. Maybe it comes out
Greektown v. City of Detroit – Adult Entertainment Prior Restraint Smackdown
The Eastern District of Michigan declared the adult use provisions of the Detroit Zoning Code unconstitutional because all adult businesses have to be approved by discretionary processes which lack constitutionally-mandated time limits.
Cyber-Extortion is not a Defense to a Cybersquatting Claim
A recent case (handled by my firm) out of the Middle District of Florida involved a motion for preliminary injunction over a personal domain name. The claim was brought under both 15 USC § 1129 and 15 USC § 1125(d), but the motion for preliminary injunction sought injunctive relief under 15 USC § 1129 only due to that section’s slightly
Vote Swapping / Vote Pairing Decision
A mere seven years after the 2000 election, the 9th Circuit Court of Appeals has finally handed down Porter v. Bowen, ___ F.3d ___ (9th Cir. 2007). I’ve been particularly interested in this topic since it was the subject of my Master’s Degree Thesis, which I was overjoyed to see cited in the decision — twice! The court held, as
Greatest Excuse Ever!
“Family Values” politician Bob Allen walks into a public bathroom and walks into a stall with a stranger. Allen then offers to give the other guy a blow job, if the other guy will accept $20 for the favor. (police report) The Orlando Weekly has a really funny Happytown article about it here. I kind of thought that prostitution worked
Knocking Holes in the Wall Between Church and State Hurts Both
There is no question that breaking holes in the wall between Church and State does immeasurable harm to the Republic. I never considered that the harm might flow both ways. The Christian Science Monitor has a great editorial that shows the other side. [Bush faith-based initiatives] gave spirituality a bad name in social-service circles. Sad, since spiritual or religious beliefs
Government Sanctioned Copyright Infringement?
Lawrence Walters reports on this at Adult Industry Update: A little-known dispute between the island nation of Antigua and the United States may turn into a major headache for media companies, including those in the adult entertainment industry. Specifically, Antigua is threatening to withdraw its agreement to protect United States copyright and other intellectual property rights, as a result of
Buttweiser and Booblight are not Cybersquatters
Sheesh, did Anheuser – Busch really think they could win this one? I hate cybersquatters as much as the next guy, but cyber-bullies really need to chill out. It was nice to see a pro-se defendant slap Anheuser – Busch’s wrist in this one. See Anheuser – Busch, Incorporated v. Holix Inc. For another case where a cyber-bully got shown
Quinella Top Ten List – Top 10 Reasons For Having Sex
I can’t stop laughing at this story. Researchers at the University of Texas spent five years and their own money studying the reasons that college students engage in sexual activity. (source) Neat idea. I mean, I suppose that I always thought the answer was pretty simple. However, there were some pretty complex reasons given. Some were “pretty shocking,” [one of
Thought for the Day
The Moment of Truth for a practicing lawyer occurs whenever a prospective client tells a story that seems morally compelling but legally hopeless. That is where the attorney’s legal research should begin, not where it should end. Too much injustice persists in the world because tired legal thinking has accepted unjust patterns as legally inevitable. –Anthony D’Amato
Politician Cybersquatting
The Daily Domainer reports on a little spat between candidates for a minor office in Pennsylvania. Apparently Candidate Jason Gherghel registered a domain name corresponding to that of his opponent, Melinda Kanter (MelindaKantner.com). She retaliated by filing a complaint with the local election board. (Complaint here) Gherghel claims that this is a “common practice.” (source) Nevertheless, he did hide his
Promote the Progress…. Do I.P. Laws Hurt Poor Countries?
Here is an interesting take on Intellectual Property. August 01, 2007 (LBO) – Developing countries Sri Lanka must be provided policy space in areas like intellectual property and get a comparative advantage in world markets, academics say. “There is a great divide between the rich world and the poor world. We can see astonishing wealth being enjoyed by some countries
Eminem and Apple in a Copyright Fight
The publisher of Eminem’s music has filed a federal lawsuit against computer giant Apple Inc. for selling downloads of his songs without permission. Source
AIPLA Thinks the Medinol Standard is Rough Medicine
When you file a trademark application, your final act is to sign the application. That signature, made under penalty of perjury, is that everything in the application is accurate to the best of your knowledge. Sometimes, we make mistakes. Those mistakes can equal “fraud,” in the eyes of the Trademark Trial and Appeal Board (TTAB). Under Medinol Ltd. v. Neuro
Yawn… The Bushes are Nazis
I only yawn because I’m not sure why I even bother posting stuff like this — A story about Prescott Bush, involved in a plot to violently overthrow the government, and his grandson fulfills the dream. So what? Congress lacks the coglioni to impeach, and there are still enough idiots in this country who believe that evolution is a secular
Tossed in Jail for 60 Days for Tossing in Jail
I’m not an apologist for violent felons, but the line needs to be drawn somewhere… Consider the case of Terry Lee Alexander. Mr. Alexander has lived a life filled with bad choices. After committing armed robbery, he got himself a well-deserved 10 year stay in prison. That should be the end of the story. Now cue the calliope music that