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(Thanks Steve!)

Dykes on Bikes wins trademark appeal

From the National Center for Lesbian Rights:

The San Francisco Women's Motorcycle Contingent announced today that the U.S. Court of Appeals for the Federal Circuit issued a final ruling yesterday affirming the group's trademark of the name "DYKES ON BIKES." The Court of Appeals rejected the argument that the name "DYKES ON BIKES" was disparaging to men. Barring Supreme Court intervention, yesterday's decision removed the last obstacle to registration of the trademark.

Decision here.  Here's the key paragraph:

In Ritchie, we stated that “one method of establishing the reasonableness of belief of damage for purposes of standing is for the opposer to allege he possesses a trait or characteristic that is clearly and directly implicated in the proposed mark.”  Id. at 1098.  The Board found that McDermott, being a man, was not so “implicated” by the mark, and we agree that the registration of the proposed mark would have no “implications” for a man.

One has to wonder what got Mr. McDermott so incensed that he felt compelled to oppose this trademark, but nonetheless, the Court saw through this attempt and prevented him from interfering with DOB's right to use the name they identify with in commerce and for educational and entertainment purposes.

A good victory for free speech and a smart decision preventing trademark law from getting in the way of political groups defining their own identity.

(Thanks Kmeelyon!)

Public interest high tech clinical education position open at UC Berkeley Law School

FYI, the Samuelson Clinic @ Boalt Hall (UC Berkeley Law School) is looking for a Clinical Fellow for this Fall.  For those of you interested in high tech public interest law, this is a kick-ass job at a great law school working with excellent attorneys and researchers. Description posted below.

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The Samuelson Law, Technology & Public Policy Clinic (SLTPPC) at UC Berkeley’s School of Law (Boalt Hall), is the nation’s flagship clinic in the high technology and intellectual property fields, and is an integral component of the Law School’s law and technology program.  While training the next generation of lawyers and policy-makers, the Clinic plays an important role in defining and shaping technology and technology policy.  It is a center for interdisciplinary research on technology policy.  The Clinic is uniquely positioned to influence California technology policy and the research and development undertaken on critical technologies.  We seek to hire a Clinic Fellow through June 30, 2008.

For more information, visit our website at www.samuelsonclinic.org.

PRIMARY RESPONSIBILITIES

The primary responsibilities of the Fellow will be:

• teaching through direct supervision of the case work of clinic students in coordination with clinic director;
• working on clinic research projects;
• participating (not as principal instructor) in the companion seminar;
• leading small group discussions on specific projects;
• supervising clinic students involved in www.chillingeffects.org;
• providing coverage during semester breaks and summers; and as appropriate,
• writing articles and opinion pieces about current issues related to clinic projects; and
• speaking at conferences and meetings

QUALIFICATIONS

An ideal candidate for this position would have the following characteristics:

• excellent communication, analytical and writing skills;
• exceptional planning and organizational skills;
• research experience;
• supervisory experience;
• significant experience in relevant areas of such as privacy, intellectual property, First Amendment, antitrust and technology law;
• J.D. or the equivalent and admission to the CA bar;
• familiar with or able to quickly master web-accessible databases;
• teaching experience or interest in teaching;
• should possess at least general familiarity with internet and computer technologies to enable legal analysis in these fields; and
• HTML desirable, but not necessary.

To apply, please submit a cover letter, resume, law school transcript, writing sample, and a detailed statement of interest as soon as possible. Two letters of recommendation (which may arrive separately or with application materials) are required.

Materials should be directed to:

Center Administrator Jean Hayes
Center for Clinical Education:  SLTPPC
396 Simon Hall
School of Law (Boalt Hall)
UC Berkeley
Berkeley, CA  94720-7200

Or via email to:  jhayes at law.berkeley.edu

Please refer potential reviewers to the UC Berkeley Statement of Confidentiality.

Appointment is for one year. The University of California is an AA/EEO employer.  Minority, female, disabled and GLBT applicants are particularly encouraged to apply.

Will the iPhone Blend?

LOLcat, esq.

LOLcat, esq.
Originally uploaded by lawgeek.

from New York magazine's issue on etiquette, june 26, 2006

from New York magazine's issue on etiquette, june 26, 2006
Originally uploaded by kmeelyon.

Your World. Delivered. To the NSA. On the iPhone

Your World. Delivered. To the NSA. On the iPhone
Originally uploaded by lawgeek.

Perfect 10 loses another copyright battle

This time to Visa and Mastercard over secondary liability for providing financial services to allegedly infringing websites.  Opinion is here.  Haven't had a chance to read it over in detail, but it's a 2-1 split with Kozinski dissenting ""for the most part."

ill doctrine: a hip-hop video blog

Link: ill doctrine: a hip-hop video blog.