Thorstein Veblen, social philospher (who coined the term ‘Conspicuous Consumption’), believed that fashion cycles succeeded as they were a relief from the specific ugliness of the previous season. Cf. Oscar Wilde: “fashion is a form of ugliness so intolerable we have to alter it every six months.”
On the other hand, law professors Kal Raustiala
Attention Should Be Paid To This Case
I apologize for not reporting on this case earlier.
Defendants were a not for profit organization (“NFP”) helping restaurant workers, and a restaurant owned by a workers’ cooperative, in which the NFP had a 40% interest. The NFP protested Plaintiff’s policies relating to its workers. The NFP created a hand-out that reproduced the Plaintiff’s logo
Title 15 Or Title 35?
Prof. Madison reports on a proposal to move the Lanham Act from Title 15 of the U.S. Code to Tile 35. My initial reaction is: how could this ever matter? However, it is reported that Professor McCarthy opposes the move. If anyone has access to his position, please send it along.
More For The Tarnishment Files
Now Random House Takes Action Against Misrepresentations
Random House, publisher of the partly fictional memoir ‘A Million Little Pieces,’ has announced a settlement that involves refunds to buyers, but will require extensive documentation from buyers to prevent, uh, fraud.
This ABC 9/11 Thing Is Getting Interesting
Discourse.net discusses the possibility of libel in fictionalized accounts.
Speech and Tarnishment
There is a brouhaha going on about a docudrama regarding 9/11, that will be aired by ABC (owned by Disney). I guess this ‘logo’ is a pretty good illustration of the fact the law does not protect against all forms of tarnishment. The logo was an illustration to editorial content from the Eschaton blog, discussing
Possible Sanctions Relating to ENTREPRENEUR Matter
Law.com: “Bankruptcy Judge Threatens $10M in Sanctions for Latham, Client” relating to Entrepreneur Magazine’s actions after prevailing against EntrepreneurPR in trademark matter.
More On Super Heroics
Virgina Postrel discusses her run-in with Marvel over Super Heroes, and suggests that perhaps IP lawyers can be protection-wise and free promotion-foolish. 43(b)log comments.
Super Hero background.
Taking O.J.’s Name
Fred Goldman has an unsatisfied $25.5 million judgment against O.J. Simpson arising from a wrongful death judgment relating to the murder of his son, Ron Goldman. Simpson has never paid any of the judgment.
Now Goldman is moving to take Simpson’s ‘publicity rights’ in his name. Publicity rights are alienable (note Muhammad Ali’s recent transaction