@kathleenthelaw@mastodon.social
@kathleenthelaw@mastodon.social avatar

kathleenthelaw

@kathleenthelaw@mastodon.social

Sr. Product Counsel https://mastodon.social/@nextdoor, tweets my own
~
@OpenStreetMap Legal Working Group
~
Ex EFF, Fenwick, Mapbox
~
she/her
~
IANYL
~
kathleenthelaw@twitter

This profile is from a federated server and may be incomplete. Browse more on the original instance.

design_law, to random
@design_law@mastodon.social avatar

Breaking: is out! http://cafc.uscourts.gov/opinions-orders/21-2348.OPINION.5-21-2024_2321050.pdf

Reading now.

kathleenthelaw,
@kathleenthelaw@mastodon.social avatar

@design_law
Dear patent law: Campbell is already taken as the name of an important IP case. Pls change kthx ๐Ÿ˜‰

kathleenthelaw,
@kathleenthelaw@mastodon.social avatar

@design_law use ๐Ÿ˜›

ericgoldman, to random
@ericgoldman@mastodon.lawprofs.org avatar

Reese's consumers sued Hershey because some candies didn't have the designs depicted on the packaging (e.g., "Ms. Hennick was very disappointed and would not have purchased the Reeseโ€™s Peanut Butter footBalls product if she knew that it did not have the detailed artistic carvings of stitches on the football as pictured on the packaging")

https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=3854&context=historical

kathleenthelaw, (edited )
@kathleenthelaw@mastodon.social avatar

@design_law @ericgoldman "cutouts" would have sufficed. But I agree with the principle, the design is the whole point and presumably one pays a premium.

luis_in_brief, to random
@luis_in_brief@social.coop avatar

Apple: we would be happy to take your laptop for recycling

Me: cool!

Apple: unless it has stickers

Me: oh.

kathleenthelaw,
@kathleenthelaw@mastodon.social avatar

@luis_in_brief who doesn't put stickers on their laptop???

kathleenthelaw, to Bloomscrolling
@kathleenthelaw@mastodon.social avatar

#bloomscrolling
Albany Bulb

Light and dark pink valeriana flowers overlooking the Bay and Golden Gate Bridge

Teri_Kanefield, to random
@Teri_Kanefield@mastodon.social avatar

I am going to answer this question for everyone:

https://mastodon.social/@timothyjohnson@mastodon.sdf.org/112349635246409685

My answer is here:

https://mastodon.social/

Remember:

There were possible crimes, but tax and reporting crimes are not election interference.

There is also a circular thing with Cohen and Pecker telling the court that they expected Trump to pay back the hush money payments.

If they expected to get paid back, it was a loan to Trump and not a contribution. Right?

kathleenthelaw,
@kathleenthelaw@mastodon.social avatar

@Teri_Kanefield I'm curious, was the tax treatment for Trump different for a campaign self-contribution (what the payments actually were) vs a legal expense (what he documented the payments as). Are legal payments deductible on taxes whereas campaign contributions are not? Is taking a deduction he wasn't entitled to tax fraud?

andrew, to law
@andrew@esq.social avatar

In this week's column I argue for creating a sales tax lottery that incentivizes folks to keep their receipts and scan them into a database -- entering them in a chance to win and reducing the ability to suppress sales on the merchant's end.

@law

https://news.bloomberglaw.com/tax-insights-and-commentary/tax-lottery-would-help-abate-remote-cashier-auditing-nightmare

kathleenthelaw,
@kathleenthelaw@mastodon.social avatar

@andrew @law you know, China had something like this, to avoid tax evasion, and every restaurant we dined had a offer is some sort, free gift if you didn't need a receipt. The only people who got receipts were people who needed to submit them for reimbursement

kathleenthelaw, to random
@kathleenthelaw@mastodon.social avatar

Herndon Police Chief Maggie DeBoard is a racist. She needs to be fired and all of her decisions reviewed

https://www.washingtonpost.com/dc-md-va/2024/04/03/fairfax-herndon-dipute-chinese-signature/

kathleenthelaw, to random
@kathleenthelaw@mastodon.social avatar

Gotta say, was not expecting the plot twists in this story

https://www.washingtonpost.com/climate-environment/2024/03/11/farmers-rain-gauge-insurance-colorado/

In April 2023, according to online records, Fox was indicted on charges of crop insurance fraud conspiracy along with extortion and witness tampering. In late July 2023, according to authorities, Fox and three other men escaped from the jail in Bent County, about 160 miles southeast of Denver. Local outlet KOAA 5 reported that the men tunneled through the ceiling of their cell, which used to serve as a kitchen, and escaped through the roof of an adjoining bathroom. The U.S. Marshals announced in August, about three weeks later, that Foxโ€™s body had been found in an unoccupied farmhouse, apparently dead for two or three weeks with no signs of foul play. The next month, Esch and Jagers finalized their plea deals.

kathleenthelaw, to random
@kathleenthelaw@mastodon.social avatar

Finally, an article that notes that pre-Dobbs, these women voted for Republicans and against their own self interest, but it doesn't go nearly far enough in calling out their willful ignorance. Republicans have been promising to enslave women for fifty years; a lot of privileged White women like this just didn't care when it was only happening to poor Brown and Black women and girls.

https://www.washingtonpost.com/politics/2024/03/10/democrats-hope-ivf-issue-might-topple-key-republican-pa-swing-seat/

design_law, to random
@design_law@mastodon.social avatar

Well, here's a twist: American Airlines filed--and won by default--a case against defendants who allegedly "carried out a scheme to defraud jobseekers in which they sent out emails holding themselves out as Recruitment Directors for American," using AA marks and "unauthorized copies of American's copyrighted images."

Am. Airlines v. Schedule A, 2024 WL 945262, at *1 (S.D. Fla. Feb. 16, 2024).

kathleenthelaw,
@kathleenthelaw@mastodon.social avatar

@design_law at least there's a plausible argument of bad faith actors who would abscond with the money if the accounts weren't frozen

design_law, to random
@design_law@mastodon.social avatar

Blue Spring v. - This complaint (filed by Boies Schiller) is going in my all-time worst design patent infringement claims file:

https://www.scribd.com/document/708509893/Blue-Spring-v-Schedule-A-Complaint

Not only are the two design patent infringement claims that are actually alleged in the complaint absolutely baseless, the plaintiff (or perhaps more correctly, their attorneys) don't seem to understand the difference between a design patent and a utility patent.

kathleenthelaw,
@kathleenthelaw@mastodon.social avatar

@design_law this is just embarrassing levels of lawyering for Boies Schiller, which can certainly afford to do better

design_law, to random
@design_law@mastodon.social avatar

Federal Circuit reverses the grant of a preliminary injunction (based on utility patent and trade dress infringement) in a dispute between indoor "adventure parks":

http://cafc.uscourts.gov/opinions-orders/22-2047.OPINION.2-16-2024_2271523.pdf

kathleenthelaw,
@kathleenthelaw@mastodon.social avatar

@design_law also I strongly suspect that the colors of the game were determined by the game manufacturer, in which case, any IP in them should really belong to the manufacturer

kathleenthelaw, to random
@kathleenthelaw@mastodon.social avatar

Today in crazy IP news: Apparently an art teacher directed his students to paint in a particular style, then sold copies of their artwork online without telling them, labeling them as the subjects but taking credit for himself ๐Ÿคฏ๐Ÿ˜ฑ๐Ÿ˜ต

https://www.washingtonpost.com/world/2024/02/14/canada-art-teacher-montreal/

design_law, to random
@design_law@mastodon.social avatar

Sazerac v. Central Standard - new complaint alleging infringement of GRIND mark (registered for use in connection with โ€œalcoholic beverages except beersโ€):

https://www.scribd.com/document/705458684/Sazerac-v-Central-Standard-Complaint

What do you think: Likely to confuse?

#SazeracVersusCentralStandard #EspressoVodka #Trademarks

Central Standard DAILY GRIND vodka

kathleenthelaw,
@kathleenthelaw@mastodon.social avatar

@design_law they certainly wouldn't be confused for being the same thing, but I'd probably wonder if the two were related brands

design_law, to random
@design_law@mastodon.social avatar

This is the email "service" email from the case.

Honestly, I would not be surprised if anyone read it and dismissed it as spam.

kathleenthelaw,
@kathleenthelaw@mastodon.social avatar

@design_law is it supposed to be ttorney or attorney?

kathleenthelaw,
@kathleenthelaw@mastodon.social avatar

@design_law whoops

kathleenthelaw, to random
@kathleenthelaw@mastodon.social avatar

As Chair of the the @openstreetmap Foundation's Legal/License Working Group, I posted about why EU governments should release data under @creativecommons's CC0 in furtherance of the EU Open Data Directive.

https://blog.openstreetmap.org/2023/11/25/the-cc-0-advantage-how-the-eu-open-data-directive-can-benefit-from-simplified-licensing-for-geodata/

Thanks to @tjl and the rest of the LWG for ๐Ÿ–Š๏ธ

riana, to random
@riana@mastodon.lawprofs.org avatar

Five years of reading Money Stuff and over 30 years of living in Silicon Valley/SF got me 12/12 on the LL IPOs 1DS. Missed my calling as an M&A lawyer.

kathleenthelaw,
@kathleenthelaw@mastodon.social avatar

@riana huh? Translation pls

design_law, to random
@design_law@mastodon.social avatar

E. Mishan & Sons, Inc. ("Emson") accuses Mark Feldstein & Associates, Inc. of utility patent, design patent & trade dress infringement:

https://www.scribd.com/document/699782501/Emson-v-MFA-Complaint

kathleenthelaw,
@kathleenthelaw@mastodon.social avatar

@design_law that handle also looks pretty different

design_law, to random
@design_law@mastodon.social avatar

TFW you forget to accept all tracked changes and remove comments before you file your brief.

kathleenthelaw,
@kathleenthelaw@mastodon.social avatar

@design_law ๐Ÿ˜ต๐Ÿ˜ต๐Ÿ˜ต

design_law, to random
@design_law@mastodon.social avatar

Judge Kendall REFUSES to maintain the asset freeze in a utility patent case because ยง 284 does not provide a remedy of equitable disgorgement:

https://www.scribd.com/document/698200535/ABC-v-Schedule-A-23-cv-04131-Order-denying-asset-freeze (h/t @hewittlaw)

kathleenthelaw,
@kathleenthelaw@mastodon.social avatar

@design_law I don't know if this is still the case, but it used to be that you could write in and suggest useful opinions to be given citations. I did it a few times and they were usually pretty fast to add

design_law, to random
@design_law@mastodon.social avatar

One of the defendants sued over the GODZILLA mark (by Toho Co., Ltd.) tells the judge that she only had one accused product, which she sold before the case was filed, and that the plaintiff's evidence of infringement against her is a screenshot from...2019.

https://www.scribd.com/document/696378447/Toho-v-Schedule-A-hobbykollectibles-answer (h/t @SADLady)

If that's true....wow.

exhibit to answer, showing a screenshot of a document entitled "23-cv-14720 - Evidence of infringement - hobbykollectibles"

kathleenthelaw,
@kathleenthelaw@mastodon.social avatar

@design_law ooo members of the public can call in and listen! Are you going to live-toot the hearing?

RickiTarr, to random
@RickiTarr@beige.party avatar

Today let's spread the love!

@ someone in the comments who has made your Mastodon experience better, a little explanation as to why would be awesome too! You are welcome to do more than one.

kathleenthelaw,
@kathleenthelaw@mastodon.social avatar

@design_law @RickiTarr @meredithlowry @hewittlaw @sqfreak @mckra1g @inquiline @dahukanna @historleans @grammargirl @overholt

love chatting with you too! โ™ฅ๏ธ

design_law, to random
@design_law@mastodon.social avatar

Okay, so I'd like to talk about the etiquette of starting a group email with "Dear Sirs" in the freaking TWENTY-FIRST CENTURY.

My inclination is to delete any emails I get with that greeting.

You haven't even bothered to try to figure out whether I'm a "Sir," "Madam," or "None of the Above"? Or you're assuming that "Sir" is somehow neutral? Miss me with that nonsense.

Or is it just me?

kathleenthelaw,
@kathleenthelaw@mastodon.social avatar

@design_law oh that's absolutely true. Maybe the Luke Combs thing will draw more attention to how insufficient these are

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