The “Last, Best” trademark that federal law prohibits anyone from registering: The Last Best Beef, LLC between 2001 and 2004 sought to register eight trademarks of the phrase “The Last Best Place” in connection with a variety of different products and services. A federal appropriations act signed into law on November 22, 2005 prohibits the registration, issuance, transfer, or enforcement of any trademark of the phrase “The Last Best Place.”
When the appropriations act became law, Best Beef’s eight trademark applications were in various stages of consideration with the USPTO. As a result of the appropriations act’s having become law, the USPTO suspended all proceedings and canceled two registrations that it had approved.
Last Best Beef filed suit, claiming that the appropriations act violated Section 1052 of the Lanham
Act, which provides that “[n]o trademark … shall be refused registration on the principal register on account of its nature.” A federal district court agreed, but today the U.S. Court of Appeals for the Fourth Circuit issued a decision holding that the USPTO acted properly in suspending proceedings and canceling registration pursuant to the appropriations act.
The Missoulian previously covered this controversy in articles you can access here and here. And in October 2006, “The TTABlog” had this post reporting on the federal district court’s ruling that the Fourth Circuit reversed today.
We are joining this program already in progress: Attorneys Tom Goldstein and Maureen Mahoney are discussing business cases pending before the U.S. Supreme Court, at an event hosted by the Institute for Legal Reform. You can view the discussion live by clicking here (RealPlayer required). I’ll link to archived video of the event later, when it becomes available.
“Court Urged to Enter Spurned Spouse Case”: The Associated Press provides this report.
“Southwick Wins Confirmation”: The Associated Press provides a report that begins, “The Senate on Wednesday confirmed Judge Leslie Southwick to the federal appeals court in Mississippi despite complaints by some Democrats that decisions he supported were racially insensitive and inappropriate for a region still shadowed by civil rights struggles. The 59-38 vote on confirmation was sealed after the nomination survived its main obstacle, a test tally moments earlier. Majority Democrats pressured by labor unions and other constituencies did not have the votes to filibuster, or block, Southwick’s confirmation.”
The U.S. Senate‘s official vote tally on cloture, achieved by a margin of 62-35, can be accessed here. The vote tally on confirmation is not available yet but should be posted to this link.
“Court Ruling Removes Hurdle to a VW Takeover”: This article appears today in The New York Times.
My earlier coverage of yesterday’s European Court of Justice ruling appears at this link.
“Appeals court rules child-porn law invalid”: The Associated Press provides a report that begins, “A federal appeals court on Tuesday backed a Cleveland sex magazine publisher’s claim that a law intended to fight child pornography is unconstitutional because it restricts protected speech by setting reporting requirements that are overbroad.”
My earlier coverage of yesterday’s Sixth Circuit ruling appears at this link.
“Anti-Terrorism on Trial: Why the Government Loses Funding Cases.” Law Professor David Cole has this op-ed today in The Washington Post.
“Ex-Attorney General Says Politics Drove Federal Prosecution; House Panel Evaluating Justice Dept.” The Washington Post today contains an article that begins, “Richard L. Thornburgh, who served as attorney general under Presidents Ronald Reagan and George H.W. Bush, accused the Justice Department yesterday of prosecuting a prominent Pennsylvania Democrat for political reasons, one of a series of cases singled out by House Democrats as examples of alleged GOP meddling at the Justice Department.”
The Los Angeles Times reports today that “Ex-attorney general says Democrats were targets; Richard Thornburgh accuses the U.S. attorney in Pittsburgh of ignoring evidence of misconduct by Republican officials.”
The Pittsburgh Post-Gazette reports that “Wecht arguments go to Washington; The question of whether the prosecution of former Coroner Cyril H. Wecht is politically motivated reverberates around Capitol Hill.”
And Jason Cato of The Pittsburgh Tribune-Review reports that “‘Trivial’ Wecht charges baffling, Thornburgh says.”
“Death Penalty Be Not Proud, Courts Reckon”: The New York Sun today contains an article that begins, “By vacating the death sentence of New York’s last death row inmate, the Court of Appeals yesterday sent Albany a clear message: The resurrection of capital punishment in this state won’t be achieved by judicial intervention but only by the will of the Legislature.”
The New York Times reports today that “State’s Highest Court Tosses Out Death Sentence in Killings at a Queens Wendy’s.”
And The Times Union of Albany, New York reports that “Death penalty law dead; Queens killer avoids execution as high court affirms 2004 decision halting capital punishment in state.”
“Limited gun ruling urged”: Lyle Denniston has this post at “SCOTUSblog.”
“Roberts Skirts Hot Topics at BYU Speech”: The Associated Press has a report that begins, “Students and community members lined up by the dozens at Brigham Young University to ask the U.S. Supreme Court’s chief justice about subjects including race, Roe v. Wade, Guantanamo Bay prisoners, and gay marriage.”
The Salt Lake Tribune today reports that “Chief justice speaks at BYU.”
And The Deseret Morning News reports today “Tech cases critical, Roberts says at Y.”
“Tilting the Scales of Justice”: The New York Times today contains an editorial that begins, “Every time we take a look at the United States attorney scandal, more evidence emerges that Alberto Gonzales politicized the Justice Department to the point where it sometimes seems like a branch of the Republican National Committee.”
Programming note: A forthcoming issue of ABA Journal magazine will contain a feature article about law bloggers. The magazine has hired photographers to go out and take pictures of some of the handful of law bloggers on whom the article will focus.
This morning, my photo is being taken by photographer Chris Chrisman. You can view examples of his quite impressive work via this link.
“The Surveillance Law That Matters: The president is bound by the Constitution, not the whims of Congress.” Robert F. Turner has this op-ed today in The Wall Street Journal.
The Associated Press is reporting: An article headlined “Texas Judge Known for Toughness on Crime” begins, “The path to the nation’s busiest death chamber winds through a court of last resort where the presiding judge recently refused to keep her office open past 5 p.m. to accept a last-minute appeal from an inmate about to be executed.”
And in news from Rhode Island, “Prisoner Fights for Religious Expression.”
“Deal Struck on Southwick Vote”: Roll Call today contains an article (subscription required) that begins, “A hands-off posture by Senate Majority Leader Harry Reid (D-Nev.) and promises from key Republicans to help smooth the way for deals on outstanding appropriations bills appear to be the right recipe for the Senate confirmation this week of controversial appellate court nominee Leslie Southwick.”
The Clarion-Ledger of Jackson, Mississippi reports today that “Senate debate on Southwick may end today.”
The Sun Herald of Biloxi, Mississippi contains an article headlined “Circuit judge vote today” that begins, “The Senate is scheduled to vote at 10 a.m. today on the nomination of former Mississippi Court of Appeals Judge Leslie Southwick to the U.S. Court of Appeals for the Fifth Circuit.”
And The Associated Press reports that “GOP Senators to Push Judicial Nominee.”
“Republicans target red-state Dems on Judge Southwick”: Wednesday’s issue of The Hill will contain an article that begins, “Senate Republicans and their conservative allies on Tuesday were targeting red-state Democrats in a last-ditch bid to win a confirmation battle over the most contentious judicial nominee of the 110th Congress, Leslie Southwick.”
“Financing Mistrial Adds to U.S. Missteps in Terror Prosecutions”: Adam Liptak and Leslie Eaton will have this news analysis Wednesday in The New York Times.
“Microsoft Is Yielding in European Antitrust Fight”: This article appears today in The New York Times.
The Washington Post reports today that “Microsoft Yields to European Regulators; Software Giant Ends Years-Long Antitrust Fight.”
Jim Puzzanghera of The Los Angeles Times reports that “Microsoft ends 9-year battle with European regulators; The software giant, running out of legal options, agrees to make highly guarded code available at low prices.”
And The Seattle Post-Intelligencer reports that “Microsoft drops EU battle; Company agrees to concessions, won’t pursue antitrust appeal.”
“Prosecutors: Qwest had a pact; Assertion shoots hole in Nacchio’s secret info stance.” The Rocky Mountain News contains this article today.
And The Washington Post reports today that “Papers Contradict Nacchio’s Defense; Qwest Was Considered for NSA Contract.”
In related coverage, Denver’s NBC news affiliate 9NEWS reported yesterday that “2nd investigation of federal judge launched after disabled parking violation.”
And The Associated Press reports that “Judge Nottingham accused of parking in handicapped spot.”
You can access online both the judicial misconduct complaint and the judge’s response thereto.
Judge who filed suit against dry cleaner for losing his pants will soon be losing his judgeship: The Washington Post reports today that “Judge Set to Lose Job, Sources Say; Panel Reportedly Votes Against Reappointment.”
“Senators Say White House Cut Deal With Panel on FISA; Documents Said to Be Traded for Telecom Immunity”: This article appears today in The Washington Post.
In addition, the newspaper contains an editorial entitled “The Price of Admission: The White House will share details on telecommunications firms’ immunity, but only with those who agree with it.”
“Top Court in Georgia Again Delays an Execution”: The New York Times contains this article today.
And The Atlanta Journal-Constitution reports today that “No execution today, state high court rules.”
“A Dead Spy, a Daughter’s Questions and the C.I.A.” This article about a case now pending before the U.S. Court of Appeals for the Second Circuit appears today in The New York Times.
“Immigrant fights to keep $59,000 U.S. confiscated”: Yesterday’s edition of The South Florida Sun-Sentinel contained this article reporting on a case now pending on appeal before the U.S. Court of Appeals for the Eleventh Circuit.
And Reuters reports that “Guatemalan migrant fights U.S. for his wages.”
“Companies Seeking Immunity Donate to Senator”: The New York Times today contains an article that begins, “Executives at the two biggest phone companies contributed more than $42,000 in political donations to Senator John D. Rockefeller IV this year while seeking his support for legal immunity for businesses participating in National Security Agency eavesdropping.”
“Death Penalty Is Thrown Out in Wendy’s Killings”: The New York Times provides a news update that begins, “Closing a chapter on one of the bloodiest crimes in recent New York City history, the state’s highest court today tossed out the death sentence imposed on a man for his role in the murders of five workers at a Wendy’s restaurant in Queens seven years ago. The man, John B. Taylor, was the last remaining inmate on New York State’s death row. The divided decision by the Court of Appeals not only ordered the trial court to resentence Mr. Taylor — almost certainly to life in prison without parole — but it also reaffirmed a landmark decision in 2004 that effectively invalidated the state’s death penalty law.”
My earlier coverage of today’s New York State Court of Appeals ruling appears at this link.
Latest crop of Higazy-related posts: The blog “Wash Park Prophet” has a post titled “FBI Coverup Thwarted.”
The blog “Donkey Punch” has a post titled “Your Tax Dollars at Work.”
Matthew Yglesias offers these thoughts.
The blog “Educated Guesswork” has a lengthy post titled “Information wants to make you look foolish” in which the post’s author concludes, “I’m not a lawyer, but I must admit to being a little puzzled as to why this is an appropriate matter to seal. If Templeton hadn’t worked for the FBI and threatened a confession out of someone would that be sealable? If not, doesn’t the public have a pretty significant interest in knowing what their law enforcement officials do? Whatever the reason, once you’ve made the mistake of posting this to a web site somewhere, trying to take it back just makes you look stupid.”
And the blog “Petunias” has a post titled “Higazy and Coerced Confessions.”
“An ancient wrong and the Constitution”: Lyle Denniston has this interesting post this evening at “SCOTUSblog” about a case involving the tort of alienation of affection.
“NY Court: Police Can Pose As Children.” The Associated Press provides a report that begins, “Law enforcement officers investigating sexual predators can pose as children to catch their prey, a federal appeals court ruled Monday, saying the First Amendment provides no refuge for such criminals.”
You can access yesterday’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.
“We have consolidated for decision four intertwined cases that present nine questions under the Fair Debt Collection Practices Act, several of which have engendered considerable controversy at the circuit level and even some circuit splits.” So begins an opinion that Circuit Judge Richard A. Posner issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Several of the questions ask whether the Act should be applied in the same manner where the consumer is represented by, and being contacted through, a lawyer as where the consumer is being contacted directly by the debt collector.
“Highest court upholds change to death penalty law”: The Times Union of Albany, New York provides a news update that begins, “The state’s highest court today upheld a 2004 ruling that effectively overturned New York’s death penalty law.”
You can access today’s 4-3 ruling of the Court of Appeals of New York at this link.
Majority on partially divided three-judge Sixth Circuit panel strikes down as facially unconstitutional the recordkeeping requirements federal criminal law places on producers of images of “actual sexually explicit conduct” to verify the ages of those depicted in the images: Describing the federal statute at issue, the majority opinion explains, “The plain text, the purpose, and the legislative history of the statute make clear that Congress was concerned with all child pornography and considered recordkeeping important in battling all of it, without respect to the creator’s motivation.” The majority proceeds to hold the statute facially overbroad and then strikes down the law as unconstitutional.
You can access today’s ruling at this link. Even the dissenting judge agrees that the statute is overbroad, but he believes that judicial narrowing of the statute can save it from being unconstitutional.
This decision is a significant First Amendment ruling that directly implicates the controversial subjects of legal adult pornography and illegal child pornography. I expect that the ruling will receive plenty of attention.
“Vote Expected This Week on Judge Southwick Nomination to Circuit Court”: FOXNews.com provides this report.
And Politico.com reports that “Vote to indicate heft of Southwick baggage.”
“Lawbreaker in Chief”: Today in The New York Times, Law Professor Jed Rubenfeld has an op-ed that begins, “At his confirmation hearings last week, Michael B. Mukasey, President Bush’s nominee for attorney general, was asked whether the president is required to obey federal statutes.”
