Oral Argument Scheduled

May 3, 2010

Wendy McGuire Coats

discuss
August 2, 2010toAugust 6, 2010

Oral Argument Scheduled:  August 2-6, 2010

Anchorage, Seattle, and Pasadena

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  • Oral Argument Scheduled

    Oral Argument Scheduled:  July 12-16, 2010 Portland, Seattle, Pasadena & San Francisco

    Wendy McGuire Coats

  • Oral Argument Scheduled

    Oral Argument Scheduled:  June 7-11, 2010 Portland & Seattle

    Wendy McGuire Coats

  • Oral Argument Scheduled

    Oral Argument Scheduled:  May 3 - 7, 2010 Portland, Seattle, and Pasadena

    Wendy McGuire Coats

  • “WOULD YOU RATHER . . . ?” The Ninth Circuit Explores the Gray Middle Ground Between Descriptive and Suggestive Trademarks

    April 29,2010

    The Ninth Circuit issued a unanimous decision (Cir. Judges Gould, Ikuta, N. Randy Smith) this week in a trademark and unfair competition lawsuit that, while not ground breaking, illuminates many aspects of the line between descriptive and suggestive trademarks.  In Zobmondo Entertainment LLC v. Falls Media, LLC, No. 08-56831 (9th Cir. 2010) (full opinion available here), the Court reversed a district court’s decision to invalidate a mark due to it being “descriptive” as a matter of law.  The Court addressed two competing game and book publishers whose products are marked or identified as “WOULD YOU RATHER  . . . ?”  As described by the Court, both companies’ products incorporate questions posing humorous, bizarre or undesirable choices.  As an example: “Would you rather be able to expedite the arrival of an elevator by pressing the button multiple times or have the ability to sound incredibly natural and sincere on answering machines?”

    (read more)

    Matthew A. Berliner

  • Oral Argument Scheduled

    Oral Argument Scheduled:  June 14 -18th San Francisco & Honolulu (2 days)

    Wendy McGuire Coats

  • Oral Argument Scheduled

    Oral Argument Scheduled:  May 10-14, 2010 San Francisco

    Wendy McGuire Coats

  • So What Case Do We Actually Have Here? Recap: Christian Legal Society v. Martinez

    May 2,2010

    Last Wednesday, Co-chair of the BASF Appellate Section, Ethan P. Schulman of Crowell & Moring, shared his recent experience as co-counsel in Christian Legal Society v. Martinez, argued before the U.S. Supreme Court on April 19th.  Fresh off the wild ride of oral argument before the nation's highest court, Mr. Schulman discussed his insider experience and the unique issues that played out in the case.  Mr. Schulman provided a quick reminder of the case's history, which is important to fully understand the case's posture and the Supreme Court's apparent frustration with the issues before it. 

    (read more)

    Wendy McGuire Coats

  • “Violence Sells Video Games to Children”

    Case to watch: the Supreme Court has granted certiorari in Schwarzenegger v. Entertainment Merchants Association, a clash between First Amendment free speech rights and protecting minors from violent content in video games.  The California governor originally passed this law in 2005, which prohibits the sale of violent video games to minors under 18 "where a reasonable person would find that the violent content appeals to a deviant or morbid interest of minors, is patently offensive to prevailing community standards as to what is suitable for minors, and causes the game as a whole to lack serious literary, artistic, political, or scientific value for minors." Prior to the law taking effect, Judge Ronald Whyte of the Northern District of California blocked its enforcement.  The Ninth Circuit decision (Kozinski, Thomas and Callahan), available here, affirmed the district court injunction.

    (read more)

    Stevie E. Leahy

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