TTAB: CITIBANK v CAPITAL CITY BANK
What TTABlog said. Read more...
The Trademark Blog, Yesterday, 9:24am
I Will Be Part of a Panel on Fan Fiction and Mash-Ups At The Copyright Society Lunch in Manhattan This Wednesday
Copyright Society Mash Up Read more...
The Trademark Blog, Mar 20, 9:25am
"Google, Viacom Don't Hold Back In Dueling Motions"
WSJ Law Blog: "Google, Viacom Don't Hold Back in Dueling Motions": Read more...
The Trademark Blog, Mar 19, 9:30pm
Settlement Offer in Learjet Crash Approved By Judge
The settlement offer from Learjet Inc., Goodyear Tire and Rubber Co., and other companies involved in a Learjet crash that involved Travis Barker, the late DJ AM, and their entourage back in 2008 in South Carolina, has been approved by Judge Mary Strobel in Los Angeles County Superior Court.
We had written about this Learjet crash earlier [...] Read more...
LawInfo Weblog, Mar 19, 4:05pm
Ruff Disputes Claim That Everyone Gets Better (Part 2)
Dr. Ruff concluded his presentation by discussing the controversy over whether the residuals of mild TBI can be permanent. Quoting Tom Kay, Ph.D., Dr. Ruff said there were believers and non-believers. The non-believers do not believe that the effects can be permanent, relying on various meta-analysis papers and sport concussions studies.
Dr. Ruff discussed the limitations and problems with those who rely on meta- analysis studies. (See for instance Frenchman, K.A. et al. (2005). Neuropsychological studies of mild traumatic brain injury: a meta-analytic review of research since 1995. Journal of Clinical and Experimental Neuropsychology, 27, 334-51.
Belanger et al. (2005a). The neuropsychological impact of sports-related concussion: A meta-analysis. Journal of the International Neuropsychological Society, 11, 345–357.
Belanger et al. (2005b). Factors moderating neuropsychological outcomes following mild traumatic brain injury: a... Read more...
Brain Injury Lawyer, Mar 18, 9:08am
Angered Accountant Sues Over Craigslist Rant
What is the hottest trend right now? No, not wedges… the hottest legal trend. How about suing for a bad review? Whether it is Yelp, a esoteric academic journal, or even the venerable entertainment trade rag Variety, everyone is up in arms over the fine legal line between defamation and the nasty review. As discussed in another post, [...] Read more...
LawInfo Weblog, Mar 17, 6:20pm
Ruff Disputes Claim That Everyone Gets Better (Part 1)
Dr. Ron Ruff was the one of the invited opening speakers at Friday’s World Congress on Brain Injury. Dr. Ruff is an active faculty member at the University of California at San Francisco in the Department of Psychiatry and at Stanford in the Division of Physical Medicine and Rehabilitation. He is widely published in prominent professional journals and texts. He lectures extensively, both as a consultant to and a member of professional organizations. He is the past President of the National Academy of Neuropsychology, and past-member of the California Board of Psychology. Read more...
Brain Injury Lawyer, Mar 17, 9:03am
Tort Reform Upheld by Georgia Supreme Court
Yesterday, the Georgia Supreme Court handed down two cases that will have a strong impact on tort reform in the state. Whether or not the citizens of Georgia will like the result may depend on which side of the courtroom they are on now, or in the future. The first case the Court decided involves the increased burden of [...] Read more...
LawInfo Weblog, Mar 16, 7:00pm
Don’t Shoot the Messenger = Don’t Fire a Whistleblower
By:Â LINDSEY O’NEILL, ESQ.
I just read the article on the Wall Street Journal website about how Matthew Lee, a Sr. Vice President of Lehman Brothers who’d been with the company for 14 years, was “laid off” just weeks after he’d raised concerns about the company’s accounting tactics – particularly that the company was “moving” 50 [...] Read more...
LawInfo Weblog, Mar 16, 2:51pm
Mild TBI and Long Term Disability
Last week I discussed the presentation of Sir Graham Teasdale at the IBIA World Congress on Brain Injury. Dr. Teasdale reported on his findings after following a large group of patients who suffered a traumatic brain injury. Below are his published findings after following this group for 5-7 years. This is from the abstract: Read more...
Brain Injury Lawyer, Mar 16, 9:08am
What Didn't Happen at the ICANN Meeting This Past Week?
ICANN didn't accelarate the deadlines for applying for new TLDs. There still isn't a set deadline. There probably won't be a deadline set prior to the next open meeting in June. Stay tuned. More here. Read more...
The Trademark Blog, Mar 15, 9:26pm
Prius Hoax? Was There Unintended Acceleration?
Did America fall victim to the runaway Prius hoax?
Last week, we all heard the story about the unintended acceleration of the runaway Prius in San Diego. The man claimed that he lost the power to brake his Prius and began zooming at speeds over 90 miles per hour, while the California Highway Patrol chased him, guiding him over [...] Read more...
LawInfo Weblog, Mar 15, 4:20pm
International Brain Injury Association Bi-annual Board of Governors Meeting
The International Brain Injury Association held its bi-annual Board of Governors meeting last week in Washington, DC. I was extremely honored to have been re-elected to serve another four year term as treasurer of this outstanding organization, devoted to serving professionals involved in serving those with acquired traumatic brain injuries. Read more...
Brain Injury Lawyer, Mar 15, 9:45am
O.C. ‘Moving Forward’ With Toyota Lawsuit
It’s ironic that Toyota’s slogan would be “moving forward” in light of their unintended acceleration problems. Oddly so, since the “moving forward” of so many vehicles is what has caused so many fatal accidents. Now, Orange County in California has sued the automaker to stop the sale of dangerous vehicles.
“We need to make sure that when Toyota [...] Read more...
LawInfo Weblog, Mar 12, 4:35pm
FDA Looks Into Bisphosphonates and Femur Fractures
After a flurry of reporting that bisphosphonates and bone fractures such as femur fractures could be linked, the Food and Drug Administration (FDA) has announced that it will be conducting an ongoing safety review of oral bisphosphonates and femur fractures. The FDA has made it clear that it this point, it has not found a [...] Read more...
LawInfo Weblog, Mar 12, 2:20pm
Mild TBI-Current Science and Future Directions
Yesterday I attended a wonderful presentation at the IABA's 8th World Congress entitled, "mild TBI-Current Science and Future Directions". The speakers were Jim Kelly, MD and Erin Bigler, Ph.D. Dr. Kelly is recognized as one of the leaders in the field of concussion in sports and traumatic brain injury. Dr. Kelly is the director of the new National Intrepid Center of Excellence, an advanced facility dedicated to research, diagnosis and treatment of military personnel and veterans suffering from traumatic brain injury (TBI) and psychological health issues. Dr. Bigler, a professor of Psychology and Neuroscience at Brigham Young University is a recognized expert in the field of neuro-imaging and traumatic brain injury. Read more...
Brain Injury Lawyer, Mar 12, 11:04am
Report from the International Brain Injury Association's 8th World Congress
This week I am in Washington, DC at the International Brain Injury Association's 8th World Congress on Brain Injury. The Congress brings together world renowned experts in the field of brain injury to share their research with over 1000 registrants from over 40 countries around the world. Read more...
Brain Injury Lawyer, Mar 12, 9:48am
New Research Study Will Use functional Magnetic Resonance Imaging to Examine Soldiers' Brain Injuries
Armed with Science, The Pentagon Channel's podcast program, presented an interview with Dr. Thomas Meitzler, a scientist at the U.S. Army Tank Automotive Research, Development and Engineering Center (TARDEC), and Dr. Joy Hirsch, professor at Columbia University and director of the Program for Imaging and Cognitive Sciences. In the podcast the doctors discussed a collaborative study to determine what areas of the brain are susceptible to damage for Traumatic Brain Injury (TBI) patients.
The interview noted that traumatic brain injuries, particularly for military personnel in Iraq and Afghanistan, is on the rise when soldiers come into contact with improvised explosive devices (IEDs). The doctors determined the science and technology of functional Magnetic Resonance Imaging (fMRI) used in the previous research could be used in TBI studies. You can read more on their study online here. Read more...
Brain Injury Lawyer, Mar 12, 8:35am
Teasdale, Zitney honored at World Congress Opening
At this week's 8th World Congress on Brain Injury in Washington, DC. Dr. George Zitney was given a lifetime achievement award for his outstanding work on behalf of those with TBI. Dr. Zitney reviewed with us the history of the various brain injury organizations, acknowledging the courageous work of Marilyn Spivak, the founder of the Brain Injury Association. Dr. Zitney warned that we must be vigilant to make sure that brain injury research and the funding necessary for it is not lost or taken away due to the world economic problems. Read more...
Brain Injury Lawyer, Mar 12, 8:01am
OLD TESTAMENT BACON, NEW TESTAMENT CONDOMS? KHORAN WINE?
Applicant sells KHORAN wine - KHORAN apparently is the Armenian word for ALTAR. Examiner doesn't reject of descriptiveness but on Section 2(a) disparagement - as the Koran prohibits alcohol, Muslims will be disparaged by registration of the mark. TTABlog summarizes and links to the Board decision upholding the refusal. Read more...
The Trademark Blog, Mar 11, 9:32pm
Another Suit Filed over Middletown Plant Explosion
One more suit has been filed as a result of the February plant explosion at Kleen Energy in Middletown, Connecticut. Seven carpenters and four of their spouses have filed suit against Kleen Energy Systems, O&G Industries and Keystone Construction & Maintenance Services for the injuries sustained from blast. Of the seven plaintiffs on the scene that day, [...] Read more...
LawInfo Weblog, Mar 11, 2:48pm
Runaway Prius in New York: Unintended Acceleration
After Tuesday’s highly publicized runaway Prius in San Diego, who knew we’d see another related incident so soon?
This time, it’s in New York.
In San Diego, California Highway Patrol officers were needed to slow down a runaway Prius on the Interstate.
Tuesday’s runaway Prius incident was allegedly caused by the same unintended acceleration problem that’s been plaguing the auto-maker and was [...] Read more...
LawInfo Weblog, Mar 11, 12:10pm
5 Possible Reasons Why Lindsay Lohan Filed That Talking-Baby Lawsuit
5 Possible Reasons Why Lindsay Lohan Filed That Talking-Baby Lawsuit. I'm going with numbers 1 (she believes she can win); and (4) she gets publicity (note how we're talking about her). Also add number (6): people will be less likely to use her persona without authorization. Read more...
The Trademark Blog, Mar 10, 9:28pm
Requesting Support for Increases in TBI Act Programs and NIDRR TBI Model Systems
This year, 1.4 million people will sustain a traumatic brain injury. This number exceeds the number of breast cancer, HIV, multiple sclerosis, and spinal cord injuries combined. Additionally, in recent years, traumatic brain injuries have emerged as the "signature injury" of the conflicts in Iraq and Afghanistan with as many as 20% of soldiers sustaining brain injuries. Brain injuries remain a leading cause of death and disability in both children and adults.
The TBI Act, which was originally passed in 1996 and reauthorized in 2008, is the only federal law that specifically addresses the needs of the growing population of brain injury survivors. The programs authorized under the TBI Act provide public awareness and education through the Centers for Disease Control and Prevention and State TBI care capacity-building and protection, legal, referral, and advocacy services at the Health Resources and Services Administration. Furthermore, the TBI Model... Read more...
Brain Injury Lawyer, Mar 10, 4:35pm
SeaWorld, Brancheau Family Don’t Want Tapes Leaked
In the wake of the brutal Orlando SeaWorld whale attack, the lawsuits have begun. But this lawsuit is not a suit against SeaWorld.
Rather, it’s a suit to prevent the release of the video of the horrific incident, where veteran whale trainer, Dawn Brancheau, was dragged into the pool and killed by the very whale [...] Read more...
LawInfo Weblog, Mar 10, 1:20pm
Brain Injury Association of New Jersey Expands Family Support Program
The Family Support Program at the Brain Injury Association of New Jersey has expanded its services due to additional funding from the New Jersey Department of Human Services, Division of Developmental Disabilities. This program provides free care coordination services for people who have sustained an acquired brain injury before the age of 22 and for their families. If you would like to learn more about this program, please contact Judi Weinberger, Director of Family Support, at (732) 745-0200 or jweinberger@bianj.org. Read more...
Brain Injury Lawyer, Mar 10, 8:28am
Sudden Acceleration: Runaway Prius in California
You can add Prius to the list of Toyota’s problem cars. Apparently, the Prius may now have also fallen victim to unintended acceleration problems.
According to the California Highway Patrol, a Toyota Prius owned by James Sikes of San Diego was headed eastbound on I-8 near San Diego on Monday, when the accelerator became stuck and [...] Read more...
LawInfo Weblog, Mar 9, 7:00pm
High Court Reviews Military Funeral Protest Case
The U.S. Supreme Court will review protesters’ anti-gay message at military funerals and whether it is protected by the First Amendment.
According to the Associated Press, the high court will hear an appeal father of Read more...
LawInfo Weblog, Mar 9, 4:20pm
Toyota Demo Argues Electronic Throttle not to Blame
Toyota won’t go down without a fight, despite allegations of am electronic throttle issue causing unintended acceleration in several of their vehicles.
In many of the previous blog posts, we’ve discussed the allegations against Toyota, including the one involving a potential electrical problem in Toyota’s electronic throttle system. Essentially, some researchers have claimed that the current Toyota sudden acceleration [...] Read more...
LawInfo Weblog, Mar 9, 12:50pm
DOCTORS WITHOUT BORDERS v PATIENTS WITHOUT BORDERS
Complaint Doctors Without Borders Read more...
The Trademark Blog, Mar 9, 9:29am
Man Sues In New Mexico Refinery Explosion
A lawsuit has been filed for occupational injuries sustained by the survivor of a deadly New Mexico oil refinery explosion which occurred earlier this month.
The welding accident caused the death of two men in the city of Artesia, New Mexico on March 2, when a tar tank exploded at the Artesia facility, shortly after lunch. According to authorities, warning [...] Read more...
LawInfo Weblog, Mar 8, 12:50pm
2010 International Brain Injury Association Board of Governors Announced
I was very pleased to learn that I have been re-elected to serve on the Board of Governors of the International Brain Injury Association. IBIA is an international organization of professionals dedicated to work to improve outcomes and opportunities for persons with brain injury. Below is a complete list of the 2010 Board of Governors: Read more...
Brain Injury Lawyer, Mar 8, 8:05am
Heart Attack Grill v Heart Stoppers for Burgers
Laughing in the face of death, Heart Attack Grill sues Heart Stoppers (both are burger restaurant) for infringing use of 'high caloric food, medically themed' burger. Both places offer quadruple burgers, have wait-staff wearing nurses uniforms, etc. Both places allow people over 350 to eat free. Heart Attack Grill seems to have only one location (iin Arizona) and defendant seems to be only in Florida, so there may be a question as to whether there is trans-fat in the dawn donuts. Read more...
The Trademark Blog, Mar 7, 9:26am
Marilyn Monroe's Ghost Spotted Drafting Legislation In Albany, New York?
The Trademark Blog, Mar 6, 9:28am
Bridal No Show: The Boston Bridal Show Scam
Limo drivers, bakers, florists, photographers, all the local bridal services vendors, not to mention brides in the Boston area, had been buzzing for weeks over the major bridal show, “The Boston 411 Bridal & Home Show 2010,” that was supposed to begin on Friday, March 5. “Supposed to” are the operative words here, because after months of tweets, [...] Read more...
LawInfo Weblog, Mar 5, 5:00pm
Saylor, Lastrella Families Sue Toyota over San Diego Crash
For those who remember the disturbing 9-1-1 call, where listeners heard the final moments of four passengers in a runaway Lexus car crash, the families have begun their quest for vindication — in the form of a wrongful death lawsuit.
And although the wrongful death lawsuit might never repair all the damage allegedly caused by Toyota, nor will [...] Read more...
LawInfo Weblog, Mar 5, 3:51pm
How to File a Complaint with the Federal Trade Commission
By:Â LINDSEY O’NEILL, ESQ.
Have you been the victim of a scam? Getting bills for things you didn’t buy?  Did someone steal your identity?  Wire someone money and think you’ve been scammed? Did a business fail to deliver on its promises? You can file a complaint with the Federal Trade Commission – the nation’s consumer agency.  The FTC has [...] Read more...
LawInfo Weblog, Mar 4, 4:36pm
Wrongful Death Lawsuit vs Secretary of State Clinton
A wrongful death lawsuit was filed last week in Texas state court against Hillary Rodham Clinton for a 2008 accident involving her motorcade in Dallas while a presidential candidate.
The family of the motorcycle driver is now suing Secretary of State Clinton, alleging that the motorcycle driver was not properly trained when he took to the road [...] Read more...
LawInfo Weblog, Mar 4, 12:45pm
Reminder: Brain Injury Association of New Jersey to Host 2010 Annual Gala
Just a reminder that The Brain Injury Association of New Jersey will host its 2010 Annual Gala on Tuesday March 9, 2010 at the Hanover Marriott in Whippany, New Jersey. The Gala will celebrate the Brain Injury Association of New Jersey’s 25 years of service and dedication to the brain injury community and will honor individuals who have made significant contributions to advancing the quality of life in New Jersey throughout the past 25 years.
For additional information on the event and the honorees, please visit the Brain Injury Association of New Jersey’s website.
Read more...
Brain Injury Lawyer, Mar 4, 8:10am
Consumer Protection Lawsuit: Fish Oils Contain PCB
Consuming some fish oil supplements might not be as good for your health as you initially would think. A group of environmental advocates, led by Mateel Environmental Justice Foundation, filed a consumer protection lawsuit on Monday, looking to force manufacturers of fish oil to warn consumers.
As reported by the San Jose Mercury News, the subject of [...] Read more...
LawInfo Weblog, Mar 3, 3:50pm
Toyota’s Hidden Evidence Could Free Jailed Man
We knew Toyota had personal injury lawsuits stacking up but now, are they responsible for a wrongful conviction?
A 29 year old refugee from Laos might be in jail because Toyota hid its product defects from the public. If this information had anything to do with sudden acceleration in 1996 Toyota Camrys, then Toyota could [...] Read more...
LawInfo Weblog, Mar 3, 1:00pm
Pryor Representation Doesn't Create Conflict
Law Firm reprented Plaintiff in a prior trademark litigation. Plaintiff sues Defendant, one of Law Firm's other clients, and Law Firm is retained to represent Defendant. Plaintiff moves to disqualify Law Firm arguing that either (1) Law Firm concurrently represents Plaintiff as a result of the prior litigation; or (2) this suit is substantially related to the prior litigation and Law Firm obtained confidential information about Plaintiff relevant to the current litigation. Read more...
The Trademark Blog, Mar 3, 9:28am
Gov May Mandate Brake Override Systems for All New Cars
The Toyota Congressional hearing findings may start affecting the way all new cars are manufactured in the United States. U.S. Transportation Secretary Ray LaHood said Tuesday that the agency might start recommending that all new vehicles sold in the United States be equipped with a brake override system that would prevent unintended acceleration.
These recommendations come in [...] Read more...
LawInfo Weblog, Mar 2, 4:51pm
Too Hot or Not? McDonald’s Lawsuit over Hot Food Revived
The hot food lawsuit, will it ever go away? As a result of this type of regularly re-occurring litigation, the nation is sharply divided: do people just need use their heads about handling hot food, or on the other side of this fried divide, do restaurants really need to serve food at a temperature that would cause third [...] Read more...
LawInfo Weblog, Mar 2, 4:20pm
California County Sues GSK over Diabetes Drug Avandia
As previously discussed on this blog, in late February, the Senate Finance Committee released a 334 page report taking both the FDA and pharmaceutical company GlaxoSmithKline to task for what it found to be an unacceptable risk of heart attack linked to use of the drug Avandia, a medication used to treat diabetes.
On the [...] Read more...
LawInfo Weblog, Mar 2, 12:45pm