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.