'Functionality' of Hooters Girls at Issue in IP Appeal
Judges of the 11th Circuit will take a close look at the short-shorts and tight tank tops of the "Hooters Girls" to determine whether the restaurant servers' scant outfits deserve trade dress protection. Hooters of America Inc. has brought claims of trade dress infringement and dilution and unfair competition against Ker's Winghouse, a Florida restaurant chain -- named after founder and former Dallas Cowboys lineman Crawford Ker -- that features a waitstaff known as the "Winghouse Girls."After Controversial Trial Against U.S. Bancorp, DataTreasury Set for New One Against BofA
Last time out, DataTreasury won big, though one of its attorneys provoked the ire of South Asian lawyers with something he said during his closing argument.Research Use of Patented Invention: Infringement or Boon to Innovation?
In 2006, the American Intellectual Property Law Association passed a resolution supporting, in principle, legislation to codify an exemption from patent infringement for uses of a patented invention related to scientific research or experimental inquiries. The resolution explicitly provided that, under the proposed legislation, it would not be considered an act of infringement to make or use a patented invention solely to discern or discover:Why Penn State and the Freeh Report Matter to Corporate Boards
The recent indictment of former Penn State University President Graham Spanier helps assure that the broader governance themes raised by the Jerry Sandusky sexual abuse scandal will remain in the forefrontnot only with the media, but also in corporate boardrooms.Mechanisms That Help Reduce the Cost of E-Discovery
There are mechanisms your firm can put in place and practice to curtail e-discovery costs. Schwartz Simon attorneys Nuris E. Portuondo and Melissa A. Silver advise readers to implement a document retention policy or dedicate a group to maintain and retrieve ESI to help grind down costs.Amid Calls for Reform, a Rare Trial of Hacking Law
In the case that has shaped the scope of the Computer Fraud and Abuse Act, defendant David Nosal will try to show that logging on to a company computer was just business, not criminal.Kia Motors Tests Corporate Counsel Tech Skills
Kia Motors America corporate counsel, D. Casey Flaherty, tests a hypothesis that outside counsel are deficient in their use of technology, which results in unnecessary busywork and needless costs. Thus far, his audits have confirmed his thesis.ILTA Launches With Packed House, Energetic Keynote on Innovation
LTN magazine Editor-in-Chief Monica Bay reports that the International Legal Technology Association conference near Washington, D.C., began with few hitches and an energetic keynote by Frans Johansson, author of The Medici Effect.Utility Company GC Is a Power Player
Exelon Corp. is among the largest utility companies in the United States. It distributes electricity to 5.4 million customers in Illinois and Pennsylvania. Its operations include the largest collection of nuclear power plants in the United States, representing one-fifth of the nation's nuclear power capacity. William A. Von Hoene Jr. is responsible for the entirety of Exelon's legal affairs. By his own tally, he delves into 25 to 30 different matters daily by phone, in person or by correspondence.Trending Stories
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