Colors Protected Under Trademark Law

The Fifth Circuit has affirmed the district court opinion in Louisiana State Board of Supervisors v. Smack Apparel Co. LSU, USC, Ohio State and Oklahoma sued over t-shirts sold by the defendant that included the universities' colors but not their registered trademarks. The district court granted summary judgment on liability, and a jury awarded limited damages to the plaintiffs. The district court also granted injunctive relief and denied plaintiffs their attorney's fees under the Lanham Act. The Fifth Circuit affirmed, concluding "that the colors, content, and context of the offending t-shirts are likely to cause confusion as to their source, sponsorship, or affiliation." While not the first time courts have protected colors under the trademark laws, the case appears to be one of first impression in the courts of appeal with respect to NCAA teams. The court did reject the universities' claims for attorney's fees, resulting in a large monetary loss for the universities in the case. I suspect, however, that the use of the precedent in future actions will make it worthwhile.

Oh Well

Pilgrim at Say Anything on our wonderful New Orleans leaders' response to the revelation that New Orleans is the crime capital of the country. I guess because I moved to New Orleans in the mid-70's when things were already going to hell, I've never bought into the romanticization of this City. Now I wonder why I stay.

Obama Names Bill Clinton to Presidential Post

Heh, Iowahawk rules.

As if things weren't bad enough

It's been bad for years, but now, New Orleans has highest crime rate in country, national study says

Should Congress Have a Cao?

Native New Orleanian Quin Hillyer on "Dollar" Bill Jefferson's opponent.

The Associated List?

The Times-Picayune posts "Who's in the running for top jobs in Obama administration? Read a comprehensive list by The Associated List." Associated Press maybe? The Associated List would have more credibility these days though.

On the substance of the list, nothing new jumps out out me. Lots of Clinton retreads, which shouldn't be a bad thing compared to Republican fears during the election. Not much meet for the progressives who dreamed of Dennis Kucinich, Jimmy Carter or Tom Hayden for "Secretary Peace."

Louisiana Gun Sales Up Too

Many previous reports of sales up in Colorado (waits for background checks went from typical eight minutes to two hours) and now anecdotal evidence in Louisiana as well.

Good riddance

So Alaskans got rid of convict Ted Stevens. Puerto Rico ousts its indicted governor. New Orleans? Our mayor praises indicted "Dollar Bill" Jefferson, who will most likely be reelected the same week his trial is scheduled to begin. Sigh.

Nugent 2012

The Motor City Madman never disappoints. Suggestion for campaign slogan? Eat me.

Jefferson indictment affirmed

The Fourth Circuit has refused to dismiss the indictments against William "Dollar Bill" Jefferson.

KKK Still Lives

Lest anyone think that racism died with the election of Barack Obama, evil still reigns. The Times-Picayune reports that a woman slain in a rural part of a parish north of New Orleans was killed when she tried to back out of a Ku Klux Klan initiation ritual. Eight arrests have been made.

UPDATE: Fortunately, these guys typically aren't smart enough to carry out anything on a larger scale considering that two of the arrestees showed up at a convenience store and asked the clerk how to get blood stains out of clothes.

"Black Helicopter Republicans"

The term is amusing but it is disturbing that Republicans would sink to the Bush Derangement Syndrome. Though I guess it worked out for the Dems in 2006 and 2008 didn't it? Still, I prefer the loyal opposition approach. There is no, question, however, that Republicans must "think outside the box" and start matching the Dems on technology, grass roots organizing, etc.

Possible bad sign for Jindal

Bobby Jindal is touted by many as the future of the Republican party. The Morning Advocate reports that conservative radio host Moon Griffon has quit the Republican party to become an independent over frustration with what he perceives as a lack of conservatism on Jindal's part. Griffon criticizes Jindal for initially supporting pay raises for state legislators then reversing his position in the face of public outrage and for being late to join in supporting a tax reduction for wealthier taxpayers.

Jindal's position on the pay raises was unfortunate and a classic example of playing politics with the legislative branch. Not sure what the deal was on the pay raise, nor how much influence Griffon has (he's not exactly Rush Limbaugh). But if the Republicans are going to try and reinvent themselves as "true conservatives," then Jindal will need to guard against such missteps or be subject to similar criticism from within the party.

H/T The Dead Pelican

Now they tell us

Big surprise here: Washington Post Admits Bias for Obama, Against McCain, Palin

But all the pols do this

Albeit usually figuratively: Pol Who Peed on Crowd Swears Off Booze

"Judicial Campaigns Bring Out the Worst"

Louisiana elects judges at all levels, which obviously creates some potential problems, but given some of the politicians who would have otherwise appointed judges, it was kind of a wash. Earlier I noted that one of the Supreme Court candidates was cited for violating judicial conduct rules. James Gill notes in today's Times-Picayune that in our most recent judicial elections in Orleans and Jefferson Parish, both of the winners were subject to public statements by the Judicial Campaign Oversight Committee.

Compare and Contrast

The stories about the NC teacher captured on film reducing her student to tears for supporting McCain with this story by an LSU professor about how the kind words of an African American teacher led him away from his support of a segregationist. It's nice to hear of a college professor who professes not to judge his students' political views too harshly but to respect the fact that they care and understand that their views will evolve and broaden.

Louisiana's Texting Law

Last session, our legislature passed a law banning the use of wireless communications devices, including, include cell phones, PDAs, and laptop computers, to "write, send, or read a text based communication" while operating a motor vehicle. WDSU reports that less than fifty tickets have been issued under the law, allegedly because drivers can claim they were simply dialing rather than texting, which is exempt from the law. That number is actually higher that I would expect, however, because the law only applies if the driver is stopped for another traffic violation. So there's even less chance of getting a ticket to begin with. I'd be happy if someone would enforce our existing traffic laws, you know, using turn signals, not running red lights, all of those things that seem to have been driver optional for years.

Election impacts on litigation

Larry Bodine sees increase in work for lawyers as well. Particular areas cited are regulatory law, product liability cases, class actions against pharmacy companies, limits on use of federal regulations as a shield from litigation under state law, mandatory-arbitration clauses in consumer contracts, regulation of health insurance companies, “green clients,” real estate, subprime loan/credit crisis litigation, government contracts, and bankruptcy.

Broken Promises Nos. 1 and 1a

Obama said that lobbyists would have no place in his administration. Now, Politico reports that Obama "would prevent lobbyists from taking administration jobs in the same areas they had advocated for in their private practices." I actually agree with lobbyists who argue that it is not necessarily wise to bar lobbyists since they may have useful knowledge, but don't make promises you can't/won't keep-oh wait, that's politics. What is the over/under on broke promises in the new administration anyway?

Newsmax also references the hiring of Rahm Emanuel as a broken promise that there will be a new tone in Washington. Not so sure I agree for reasons previously stated, and that's a judgment call, so I won't add to the running total.

H/T Newsbusters via NeoconExpress

UPDATE: One-half of Obama's transition team thus far are or were registered lobbyists.

Replacing US Attorneys

Many have questioned whether Obama will retain Peter Fitzgerald as US Attorney in Chicago given his investigations of Tony Rezko and other members of the Chicago political machine. My take is there is no way in hell Obama wants anyone looking any further into corruption so close to home. On the other hand, I'm hopeful that another US Attorney who has successfully fought corruption in New Orleans will be retained, Jim Letten. According to the Times-Picayune:

Landrieu also said that as senior senator, she will have a major voice in whether to retain U.S. Attorney Jim Letten as the chief federal crime-fighter in the New Orleans area. She said she will meet with members of both parties on retaining Letten. "He has done an outstanding job," she said. "He has my support today."

Let's hope than doesn't change, but just in case, be sure and let Senator Landrieu know that we need Jim Letten.

No Hope Here

No, not from me, but from native New Orleanian Quin Hillyer in his piece for The American Spectator. Not a pretty picture for what he anticipates for (less than) the next four years: at least two of the close senate elections stolen, continuing media cheerleading, etc. No question, absent some catastrophic missteps during the next two years, the Republicans won't turn around things for the next election in two years, probably longer. There's no message, no focus, and no Reaganesque champion. The Democrats, on the other hand, learned well from the hated Karl Rove. For all of the complaining from some conservatives about the Rahm Emanuel choice as chief of staff, he reminds me of Rove, who, of course, was deputy chief of staff for Bush II. I think the Republicans need to rediscover their cojones.

Vote!

Doesn't matter who you vote for (though I can tell you if you have any doubts), just exercise your right. From the looks of the polling places here, heavy turnout.

Presidential election impact on lawyers

The election of officials who may be plaintiff friendly always raises concerns for business. In one of our legal marketing group meetings last week, we discussed what growth areas there may be if Sen. Obama is elected, e.g., increased securities litigation if previous restrictions are lessened and labor law if card check is passed. Today, The Wall Street Journal weighs in on the issue.

Interestingly, both Sens. McCain and Obama voted for the Class Action Fairness Act of 2005 ("CAFA"), and Sen. McCain has been criticized for not supporting tort reform as much as the Republican Party would like.

Only in Louisiana?

Can a Louisiana Supreme Court race generate a finding by the Judicial Campaign Oversight Committee that one of the sitting judges running for the seat violated judicial conduct rules. Though actually, this is pretty tame compared to past politics in Louisiana and goings on in other states like Ohio and New Mexico these days. Louisiana politics ain't what they used to be, thankfully, with our current governor and a Louisiana Supreme Court that is likely to be the most conservative that it has been in years.

Obama flips off McCain?

Here. I'm not a fan, but I doubt it. Who knows. Been a strange election, and we're in strange times.

Welcome

With the election winding down, I realized how much I enjoyed reading others' blogs and how little I will likely spend doing so from here on out, so decided to create my own. I'll blog about law, maybe politics (kinda burned out on that no matter the outcome), New Orleans, and whatever else I feel like.