Author: Washington Journal of Law, Technology & Arts

Supreme Court Hears Oral Arguments for Lee v. Tam

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lee-v-tam-picBy Kiran Jassal

The Supreme Court of the United States recently heard oral arguments for Lee v. Tam to decide whether the disparagement provision of the Lanham Act is facially invalid under the First Amendment. The disparagement provision resides in Section 2(a) of the Lanham Act and states that a trademark which “[c]onsists of…matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute…” may not be registered.

In 2011, Simon Shiao Tam filed a trademark application for his band name, “The Slants.”

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Public Records in the Age of Trump

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twitterBy Jeff Bess

It is  more than cliché to observe that the advent and evolution of the internet has deeply transformed modern society in many ways, both micro and macro. Indeed, not a clearer example exists than the role social media played in the 2016 presidential election. With over twenty million followers on Twitter and nearly 35,000 tweets, Donald Trump leaned into this direct line to the masses to set a new high water mark for social media ubiquity in pursuit of the White House.

Though derided by many as misguided or un-presidential, it is undeniable that Trump’s avid use of Twitter has been and continues to be effective. Indeed his prolific social media presence was a key source of the estimated $2 billion in earned media that greatly contributed to his success. And now that he is president, do his characteristic early morning, sometimes scattershot flurries of 140-character missives count as official government records? In other words, are they subject to federal document retention laws?

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They Are Listening and It CAN Come Back to Haunt You

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echo

Amazon Echo

By Tyler Quillin

 

How many smart devices with voice-activation capabilities surround you at any given moment? How many times have you thought about whether they are listening to everything you’re saying, just waiting for the word “Alexa” to wake them up from their idle eavesdropping? Well, some of your concerns may soon be answered by a court in Arkansas.

In late 2016, Bentonville Police Department of Arkansas obtained a search warrant for the recordings produce through Amazon’s “Echo” device pertaining to a bath tub murder. Echo is aptly described as an “always on” device. It continuously listens, waiting to hear the term “Alexa,” which “wakes” it up. Once awoken, Alexa will perform various tasks upon verbal request. She does everything from checking the weather or traffic, to answering trivia, to playing music through a Bluetooth connection.

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There is Also an App For That

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judge-aiken

The Honorable Judge Ann Aiken

By Jessy Nations

At the risk of sounding older than my years, it seems we are now demanding an app for everything these days. Even when we don’t need or want an app for something, one inevitably appears. That is, except, for legal apps, which are notably absent from the app store. Sure, I can download a copy of Black’s Law Dictionary, and Google is more than happy to direct me to lawyers in my area, but last I checked the smartphone revolution hadn’t done much for the criminal justice system … for now.

However, in an effort to modernize the reentry process for former inmates, a group of developers, lawyers, and judges are working on a reentry app . The idea is to turn the justice system from Big Brother into little brother. Continue reading →

My Other Bag Isn’t Infringing

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lvBy Alex Bullock

If you ever find yourself at the grocery store with only your designer handbag to put your apples in, know that the option to carry a canvas tote bag with designer style won’t be going away anytime soon.

That’s because My Other Bag (“MOB”) sells utilitarian canvas tote bags featuring images of designer-brand handbags on their sides—which play on the belief that “my bag is a [fill in luxury brand here].” In June 2014, Louis Vuitton (“LV”), one of the world’s most valuable and well-known luxury fashion brands, filed a lawsuit in the Southern District of New York Continue reading →