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Supreme Court Limits and Questions Preclusion of Defenses in TM Case

by Dennis Crouch Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc. (Supreme Court 2020) This case makes me sad because it reminds me that my walk-able grocery store, Lucky’s Market, has closed down. Colorado based Lucky’s had its own trademark dispute with California based Lucky Supermarket. The case before the supreme court involved two other uses of LUCKY: The parties in this case have been fighting in federal court over trademark rights for almost 20 years; and in three separate act...
Tags: Google, Supreme Court, Law, Colorado, California, Patent, Lucky, Fed, Lucky Brand, U S Supreme Court, Marcel, Stryker Corp, Dennis Crouch, Lucky 's Market, Eric Moran, Lucky Brand Dungarees Inc


Ponzi Scheme Leads To Disbarment

The Pennsylvania Supreme Court has accepted an attorney's consent to disbarment WFMZ TV 69 reported When a Lehigh Valley attorney realized he was running out of money from one phony company to pay investors, he started taking money from investors... [Author: Legal Profession Prof]
Tags: Bar Discipline & Process, Legal Profession Prof


Tenth Floor

The Illinois Administrator has filed a complaint alleging misconduct unrelated to the practice of law. The allegations As of January 2, 2018, Respondent, who is visually impaired, had a history of making threatening and/or harassing statements to his neighbor, Avon... [Author: Legal Profession Prof]
Tags: Law, Avon, Legal Profession Prof, Bar Discipline & Process


At the Moonlight Café...

... you can talk about whatever you want.And don't forget to use the Althouse Portal to Amazon. The link is always there at the top of the sidebar. Thanks to all of you who support the blog this way. [Author: [email protected] (Ann Althouse)]
Tags: Amazon, Photography, Law, Trees, Moon, Ann Althouse


Study: Medieval arrows were as damaging as gunshots

U.K. archaeologists discover that medieval longbows caused injuries similar to modern gunshot wounds.The damage was caused by the arrows spinning clockwise.No longbows from medieval times survived until our times. A recent study found that one of the most powerful medieval weapons, the English longbow, was so forceful it could create wounds as bad as from modern gunshots. The bows, revealed a team of archaeologists from the University of Exeter in the U.K., could break long bones and were key t...
Tags: UK, England, Technology, Biology, Ars Technica, History, Medical Research, Military, United Kingdom, Innovation, Archaeology, North Yorkshire, Exeter, Hastings, University of Exeter, Creighton


Opinion analysis: Court unanimously reverses 2nd Circuit on “defense preclusion,” but on very narrow grounds

This morning the Supreme Court reversed the U.S. Court of Appeals for the 2nd Circuit’s decision in Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., holding that Lucky Brand is not precluded from raising a defense that could have been raised in a previous lawsuit between the same parties. In a unanimous opinion written by Justice Sonia Sotomayor, the court explained that “defense preclusion” is inapplicable in this case because the two lawsuits do not share the same claim to relief. A...
Tags: Featured, Supreme Court, Law, Lucky Brand, Sonia Sotomayor, U S Court of Appeals, Elena Kagan, Marcel, 2nd Circuit, Merits Cases, Lucky Brand Dungarees Inc, Lucky Brand Dungarees, Marcel Fashions Group, Marcel Fashions Group Inc


I remember when it was his 13th birthday and he was playing "Fingertips" on "American Bandstand."

But Stevie Wonder turned 70 yesterday. My son John has a long post with lots of commentary and clips. Excerpt:His string of 5 albums from 1972 to 1976 is probably one of the greatest things that's ever happened in music history.... He's one of those artists where you have to listen to the full albums from start to finish... Of all the dozens and dozens of songs on those albums, there isn't a single dud, and there are many buried treasures....[H]e's had a ubiquitous influence on the last 50 years...
Tags: Law, Stevie Wonder, John, Jaltcoh, Ann Althouse, American Bandstand, Alicia Keys Justin Timberlake Lady Gaga Beyonce


After nearly 7 weeks and 77 patients, USNS Mercy will leave Port of Los Angeles on Friday

The USNS Mercy, a 1,000 bed Navy hospital ship, will leave the Port of Los Angeles on Friday, May 15. The ship was sent to Los Angeles on March 24 from Naval Base San Diego to function as a “relief valve” taking overflow patients from local area hospitals so they could focus on an expected surge of coronavirus patients. In the end, the overflow of patients wasn’t as severe as initial projections worried. “Our work to protect public health and safety is far from done, but having the Mercy and its...
Tags: News, Navy, China, New York City, Los Angeles, Sport, Soccer, Military, Port Of Los Angeles, Healthcare, Mercy, Costa Mesa, San Fernando Valley, U S Army Corps of Engineers, Fairview, Navarro


Biglaw Takes Center Stage In The Flynn Trial — See Also

Judge Sullivan Makes A Bold Choice: But don't pretend there's some sort of constitutional crisis. More Associate Salaries Get Cut: At Finnegan Hendersen. Staff Buyouts: The nice way to handle COVID-19 austerity. All The "Boom Shakalaka" Jurisprudence You Can Handle: And cheesy music to boot! The Pandemic And Diversity In The Legal Profession: Why now is the key time to act.
Tags: Law, Sullivan, See Also


Lockdown Life Straining Attorney Mental Health

Lockdown life is straining global sanity, so it is no surprise that it is having a negative impact on attorney mental health. Unfortunately, lawyers already struggle with mental health and substance abuse issues at a higher rate than other professions, so we must all take care to watch over our friends, family and colleagues in these unprecedented times. Depending on where you are located, you may not be subject to significant restrictions on movement that make shelter in place orders so difficu...
Tags: Google, UK, Law, Careers, Being a Lawyer, Lockdown Life Straining Attorney Mental Health, LawCare


Omnicare To Settle For $15 Million Over Opioid Allegations

The Department of Justice filed suit against Omnicare, claiming that it had allowed controlled substances to be dispensed to patients without a valid prescription. A subsidiary of CVS, Omnicare manages prescriptions for long-term care facilities.
Tags: Law, Department Of Justice, Omnicare, Health Care / Medicine, CVS Omnicare


It’s Never Too Early Or Too Late To Seek Litigation Finance [Sponsored]

Litigation funding is an option not just at the outset of a case, but at any stage prior to collecting on a judgment or arbitral award.
Tags: Law, Sponsored Content, Litigation Finance, Lake Whillans Litigation Finance


COVID in prison reaches SCOTUS as it refuses to vacate Fifth Circuit stay ... and Justice Sotomayor has much to say

The Supreme Court this evening denied, via a one-sentence order (available here), a request to vacate a stay that the Fifth Circuit put in place to halt, pending appeal, an injunction requiring a Texas prison take various measure to protect inmates from the dangers of COVID–19.  Though the full court used only one sentence to deny the request to vacate the stay, Justice Sotomayor (joined by Justice Ginsburg) added this statement about that denial that runs seven pages.  Here are a few excerpts f...
Tags: Texas, Supreme Court, Law, Court, States, Ginsburg, District Court, Fifth Circuit, Sotomayor, Douglas A Berman, PLRA


The Pandemic Is The Time For Biglaw To ‘Double-Down’ On Diversity

Diversity is important, now more than ever.
Tags: Law, Biglaw, Seyfarth Shaw, The Jabot, Featured Podcasts, Kori Carew, The Jabot Podcast


Biglaw May Soon Have Some Financial Troubles Thanks To COVID-19

They need to keep an eye on their cash -- before it disappears.
Tags: Money, Law, Biglaw, Quote Of The Day, COVID-19, Biglaw Finances


Issues In Partner Recruiting: Digging Deeper [Sponsored]

If history shows us the way forward, now is the time to be evaluating your relative position within this quickly changing marketplace. 
Tags: Asia, Law, Job, Biglaw, Partner, Sponsored Content, Kinney Recruiting, Asia Chronicles, Lateral Partner Moves, Daniel Roark, Partner Moves


Attorneys Connecting Through Social Media In Times Of Isolation

Here all of it is shared and it feels like a safe space where one can finally feel heard and understood.
Tags: Law, Social Media, Women's Issues, Biglaw, Working Mothers, MothersEsquire, Wendy D. Kalwaitis


Thursday Open Thread

My half-written posts yesterday are about (1) [former Zambada-Garcia sicario] "El Chino Antrax" going missing while on supervised release in San Diego, (2) Paul Manafort's release, Michael Cohen's non-release (as of now), and the complex... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
Tags: Law, San Diego, Michael Cohen, Paul Manafort, Zambada Garcia


Court Rules ‘BOOM SHAKALAKA’ Is Not An Argument

Please note, 'BOOM SHAKALAKA' is not compelling.
Tags: Law, Massachusetts, Legal Ethics, Ilya Liviz


Meet Embroker, The Insurtech Company That’s Turning The Malpractice Insurance Game On Its Head  [Sponsored]

Applying and purchasing insurance for law firms is awful. With Embroker, it doesn't have to be.
Tags: Technology, Law, Legal Technology, Sponsored Content, Embroker


Don’t Replicate – Create: How Lawyers Succeed In The New Normal

Instead of using tech to replicate our old experience, let’s use it to ameliorate how things have always been done and create an improved experience.
Tags: Law, Small Law Firms


Judge Puts Debevoise In Charge Of Michael Flynn Case Because Bill Barr Can’t Do His Job Right

The early contender for dumbest thing I have to deal with today is Trey Gowdy baying into the wind that he’s “never seen anything like this.” By “this,” he means the idea that a judge would appoint an independent actor to argue in favor of continuing the prosecution of a guy who HAS ALREADY ENTERED […]
Tags: Crime, Law, Government, Courts, Biglaw, Trey Gowdy, Michael Flynn, John Gleeson, Debevoise, Bill Barr, Emmet G. Sullivan


New Online Certification Form Available for Sector Reopenings

After releasing the reopening guidelines for businesses earlier this week, the state has updated its website to include a new online certification that employers must complete before reopening the physical workplace. You can find the reopening certification here. As the website indicates: Business [sic] must self-certify and commit to comply with the Sector Rules established to keep their employees and customers safe. Once complete, you will be provided with signage and a badge that you can volu...
Tags: Law


COVID-19 Guidance Documents Issued on Testing, Products for treatment, and Drugs [Sponsored]

FDA releases multiple guidance documents per day in effort to help industries best respond to COVID-19 pandemic needs.
Tags: Law, Fda, Wolters Kluwer, Sponsored Content, COVID-19


The Nest: Jude Law & Carrie Coon Drama Gets September Theatrical Release

The Nest: Jude Law & Carrie Coon Drama Gets September Theatrical Release According to Variety, IFC Films will release the Jude Law and Carrie Coon drama The Nest in theaters on September 18, 2020. IFC Films acquired the North American distribution rights after the movie had its world premiere last January at the 2019 Sundance Film Festival. RELATED: Carrie Coon to Replace Amanda Peet in HBO’s The Gilded Age The film follows the story of a charming and ambitious businessman named Rory (Law) as...
Tags: Hbo, UK, England, London, Movies, Law, America, Bbc, Ifc, BAFTA, Sam, Jude Law, Ifc Films, Steve, Rory, Allison


Military flyovers planned today, Friday in L.A. County to honor coronavirus frontline workers

Military flyovers will soar over Los Angeles County on Thursday and Friday, airborne tributes to frontline workers during the coronavirus crisis. Healthcare workers and first responders in Ventura and Los Angeles counties will be saluted by the 146th Airlift Wing of the California Air National Guard. Two C-130J Super Hercules will begin a flyover around 2 p.m. over the Palmdale Regional Medical Facility and continue on to several other locations throughout the county. The planes’ flight path and...
Tags: News, Los Angeles, Sport, Soccer, Military, Healthcare, San Diego, John, Air Force, Ventura County, Ventura, Los Angeles County, Manson, Santa Barbara Cottage Hospital, John Caldwell, Leslie Van Houten


Three Legaltech Companies, All In Contracts, Have Financing Rounds, For Total Of $26M

Investment money is still going into legaltech.
Tags: Technology, Law



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