Categories
Intellectual Property Trademark Law

SCOTUS to Decide If “Scandalous” “Immoral” Terms Can Be Trademarked

In a case that presents a crossfire of First Amendment and intellectual property issues, the Supreme Court heard arguments yesterday in a case involving an Asian-American band that calls itself “the Slants.” The Slants had been denied a trademark for their name by the US Patent and Trademark Office (USPTO) under a Federal law that […]

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Intellectual Property

Getty Denies Knowing About French Lawyer’s Trolling on Its Behalf

Having waged literally thousands of battles against Getty Images’ copyright trolling program I was not surprised to see that they engaged a French law firm to attack US authors for alleged defamation in France. That’s what happened to a client of mine recently who has a blog that exposes, challenges and criticizes Getty Images’demand letter […]

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Constitutional Law Litigation

In Fear of Trump Libel Suit, ABA Stops Article Labeling Him “Libel Bully”

The Media Law Committee of the American Bar Association commissioned a study to analyze GOP Presidential candidate Donald J. Trump’s history of using lawsuits to stifle criticism. The study was commissioned after Trump issued a series of declarations that he was going to sue several news outlets critical of him. The study was done by […]

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Constitutional Law Criminal Law

Court Holds YouTube Rap Video Titled “F+ck The Police” Constituted Terrorist Threat

BREAKING NEWS: If you are stupid enough to upload a video to YouTube in which you threaten to shoot specific police officers (whom you name and who are scheduled to testify in your upcoming criminal trial) you might be labeled a terrorist! At least that’s what an Appellate Court in Pennsylvania told Rashee Beasley last […]

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Constitutional Law

Harsh Yelp Review Leads to $1,000 Damage Award But Biggest Harm is to Free Speech Rights

Emily Fanelli hired a company called Mr. Sandless to refinish the floors in her Staten Island home for a fee of $695. Fanelli wasn’t happy with the finished product, or the “corrective actions” the company took after she complained. So she did what many other disgruntled consumers have done before – she complained online. She […]

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Constitutional Law Litigation

Fed Ct: 1st Amendment Protects Profanity Written on Speeding Ticket

We’ve all been there – you get a speeding ticket you feel you didn’t deserve (basically every speeding ticket ever written to me) and you just wish you could tell the Traffic Agency to “F*ck Off” as you mosey up to the window to pay your fine. Well, three years ago, Willian Barboza, who was […]

Categories
Constitutional Law

The Bottom Line on Times Square Topless Women

“Why can’t they do something to stop the naked women in Times Square?” my mother asked me on the phone the other day. “What do you want them to do?” I asked just for kicks. “Lock them up of course – since when was it alright to walk around in the street flapping your boobs […]

Categories
Constitutional Law

Donald Sterling Sues TMZ For Publishing His Recorded Conversations – Case Will Go Nowhere

As if we haven’t had enough news lately about a sexist, overblown, billionaire named Donald, along comes Donald Sterling back into the news. Sterling, you may recall, is the 80 year old disgraced former owner of the Los Angeles Clippers basketball team. He went from “owner” to “former owner” last year after a tape of […]

Categories
Constitutional Law Copyright Law Intellectual Property Litigation

Georgia Supreme Court Rules That Internet Posts About Someone Don’t Constitute “Stalking”

The Supreme Court of Georgia unanimously overturned a lower court’s permanent protective order against a Columbus, Georgia businessman named Matthew Chan; Chan had been hit with the order back in 2013 when a woman named Linda Ellis claimed she feared for her safety after reading 9 posts on Chan’s website, called ExtortionLetterInfo.com (“ELI”). [Disclaimer: Since […]