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Thursday, May 21, 2009 "Pussy" energy drink dispute coming soon to the Federal Circuit? According to "The TTABlog," "Applicant argued that the word 'pussy' has multiple meanings, that nothing in the mark or in the packaging for the product suggests a vulgar meaning, and that the PTO did not establish how the mark would be perceived as scandalous in the marketplace." Notwithstanding those arguments, in a ruling issued last week the Trademark Trial and Appeal Board refused to register the mark "Pussy" for energy drinks because the TTAB found the mark to be scandalous. "Labor Ruling Could Be Headed for U.S. Supreme Court; In a case originating in Georgia, the D.C. Circuit questioned the validity of decisions made by the two-member NLRB": Alyson M. Palmer of the Fulton County Daily Report has this article. Posted at 11:15 PM by Howard Bashman "Sotomayor, Moreno in Talks For Souter Seat": Laura Ernde and Lawrence Hurley will have this article Friday in The Daily Journal of California. Bill Mears of CNN.com reports that "Hispanic high court candidates given White House scrutiny." The Fayetteville Observer has a blog post titled "Timmons-Goodson on U.S. Supreme Court rumors." Friday in The Wall Street Journal, Collin Levy will have an op-ed entitled "How Joe Biden Wrecked the Judicial Confirmation Process: The vice president can't complain if Republicans object to Obama's Supreme Court nominee." And Friday in The Boston Globe, columnist Ellen Goodman will have an op-ed entitled "What's so bad about empathy?" "Replacing Justice Souter: Legal experts discuss Obama's forthcoming Supreme Court nomination." This article appears online today at Reason. Posted at 08:59 PM by Howard Bashman "Judge Sotomayor's Opinions with Dissents - Part I": Kevin Russell has this post today at "SCOTUSblog." Posted at 04:13 PM by Howard Bashman Recent posts of interest at "The BLT: The Blog of Legal Times." Tony Mauro has a post titled "If Picked, Granholm Would be 7th Foreign-Born Justice." Jordan Weissmann has a post titled "Justice Breyer: Judges Need Voice in the Cabinet." And David Ingram has a post titled "Republicans Delay Votes on Appellate Nominees." "Obama Breaks From Bush on Pre-emption": Lawrence Hurley has this article today in The Daily Journal of California. Posted at 02:50 PM by Howard Bashman "Gays Have Served Honorably in the War on Terror; It's time to end 'Don't Ask, Don't Tell'": Brian Hughes has this op-ed today in The Wall Street Journal. Posted at 11:22 AM by Howard Bashman "Obama says US prisons tough enough for detainees": The Associated Press has a report that begins, "President Barack Obama vigorously defended his plans to close the Guantanamo prison camp on Thursday and promised to work with Congress to develop a system for imprisoning detainees who can't be tried and can't be turned loose." Posted at 11:20 AM by Howard Bashman "Shift Toward State Rules on Product Liability": This preemption-related article appears today in The Wall Street Journal. You can access at this link the memorandum that President Obama issued yesterday on the subject of preemption. "Female guards OKd to strip-search male inmates": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A male prisoner can be strip-searched by a female guard even if male officers are available, a federal appeals court has ruled. In a 2-1 decision, the Ninth U.S. Circuit Court of Appeals in San Francisco dismissed an Arizona inmate's claims that jail officials had violated his rights by having a female guard trainee search inside his shorts and pat down his genitals." You can access Monday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "Search for Supreme Court Justice Reaches Interview Stage": The New York Times contains this article today. And today in USA Today, Joan Biskupic has an article headlined "Precedents on presidential choices for Supreme Court." "Push in Spain to Limit Reach of the Courts": This article appears today in The New York Times. Posted at 08:17 AM by Howard Bashman "Equal Pay for Women Denied, Again": Today's edition of The New York Times contains an editorial that begins, "The Supreme Court keeps finding ways to deny women equal pay and benefits." Posted at 08:14 AM by Howard Bashman "Death Row Foes See Newsroom Cuts as Blow": The New York Times today contains an article that begins, "Opponents of the death penalty looking to exonerate wrongly accused prisoners say their efforts have been hobbled by the dwindling size of America's newsrooms, and particularly the disappearance of investigative reporting at many regional papers." Posted at 08:12 AM by Howard Bashman "Bloggers, Beware: What You Write Can Get You Sued." The Wall Street Journal contains this article today. Posted at 08:07 AM by Howard Bashman "The Battle Over Benefits for Same-Sex Spouses: Lawsuit Seeks Same Rights Straight Couples Possess; Opponents Fear Campaign to Advance Gay Marriage Nationally." This article appears today in The Wall Street Journal. Posted at 08:05 AM by Howard Bashman "The Supreme Court Dismisses a 9/11 Detainee's Civil Lawsuit": Michael C. Dorf has this essay online at FindLaw. Posted at 07:58 AM by Howard Bashman "Execution protocol passes test; 13 more on death row in Missouri": The Kansas City Star contains this article today. Posted at 07:55 AM by Howard Bashman "Violent video games are focus of California petition to Supreme Court; Atty. Gen. Jerry Brown has petitioned the high court to uphold a state law banning the sale or rental of violent games to anyone younger than 18": This article appears today in The Los Angeles Times. Today in The San Francisco Chronicle, Bob Egelko has an article headlined "One last pitch for violent video-game ban." And The Sacramento Bee reports that "State fights to ban violent video game sales to kids." "Nothing More Than Feelings: Conflating judicial empathy with gender is bad for both women and the law." Rodger Citron and Dahlia Lithwick have this jurisprudence essay online at Slate. Posted at 07:35 AM by Howard Bashman  
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