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Adidas Sues California Retailer “Big 5″ Over Knock-Offs of Adidas Shoes
"3 Stripes and You're Out"
Adidas has filed a lawsuit over knock-offs of its distinctive Adidas 3-stripe design. California athletic equipment retailer Big 5 Sporting Goods is one of the defendants, as is California shoe manufacturer World Industries. Adidas is asking the Court to stop sales of the infringing sneakers, have them destroyed, and pay Adidas money damages.
Adidas has in recent years filed similar lawsuits against other retailers including Wal-Mart Stores Inc., which it said sold knock-off sneakers with two or four parallel stripes.
Time Warner Cable Sued After Employee Fired for Complaining That Co-Workers Watch Too Much Porn At Work
Apparently too much pornography at Time Warner Cable
A former employee of Time Warner Cable is suing the company after being fired for complaining that his supervisors watched too much pornography at work.
The employee, Keith Reid, said that he walked in on his supervisor and other co-workers watching pornography on company time at least 10 occasions. Reid complained to the Time Warner Cable HR department, saying that his religious beliefs as a Christian were offended by the constant pornography-watching and that felt uncomfortable. Reid says his complaints went nowhere – instead, the lawsuit alleges that Reid was suspended, then fired in retaliation for making complaints.
Korean Shellfish BANNED by U.S. FDA; Recall Issued
Shellfish includes clams, oysters, and scallops
Anyone who has recently bought molluscan shellfish should contact the retailer to inquire about its origin, health officials said. The label on seafood that comes in bags, cans or other packages should indicate the country of origin.
MTV’s “Challenge” Star Johnny Bananas Loses Lawsuit Against HBO
John Devenanzio
MTV’s Real World/Road Rules star Johnny “Bananas” Devenanzio has lost the lawsuit against HBO, over the rights to the nick-name “Johnny Bananas.” Devenanzio alleged that HBO’s “Entourage” used his nick-name when referring to the fake cartoon gorilla played by Kevin Dillon’s character.
The New York judge overseeing the suit dismissed the case. Apparently, Devenanzio didn’t file the “Johnny Bananas” lawsuit until 14 months after the first air date of the episode – in New York, the statute of limitations (the time frame in which a lawsuit for Devenanzio’s claims can be brought) is only 1 year.
Some news sources are calling Devenanzio a crybaby for suing over this, but owners of trademarks, copyrights, and other brand-names often must sue to protect their intellectual property rights.
In the intellectual property legal world, failing to enforce rights that you believe are yours can lead to “dilution,” meaning that your mark or brand becomes so diluted or commonplace that the rights become lost. Some good examples are Band-Aid or Kleenex. Someone needing a finger bandage or tissue paper would likely say “Give me a band-aid,” or “Give me a kleenex.” But these product names are actually brand names - “Band-Aid brand bandages” and “Kleenex brand tissue paper.” But because the brand names have been used as substitutes for the product names for so long, it is difficult to separate the two – leading to a loss of the ability to enforce the intellectual property rights associated with “Band-Aid” or “Kleenex.”
Dillon with Johnny's Bananas Promo
If Devenanzio really intends to secure for himself the intellectual property rights to “Johnny Bananas,” then he needs to focus on strengthening that brand, filing the necessary trademark applications, and confirming that he is the rightful owner of the “Johnny Bananas” brand — before he sues anybody else again.
650,000 Bottles of Advil Recalled due to “Strong Odors”
Unclear what caused the strong odors.
Notice that your Advil pills are smellier than usual? Pfizer has recalled 650,000 bottles of Advil Ligui-Gels due to “strong odors” associated with the product. The recall was issued to distribution centers (and not retail outlets) only.
Apparently, something in the manufacturing process ”may have caused a stronger odor in the product,” according to a notice posted by the FDA. It is unclear whether the odor-affected Advil bottles have anything else wrong with them.
California Bagged Lettuce Recalled for Listeria Contamination
Some of the contaminated brands.
Salinas, California-based lettuce grower River Ranch Fresh Foods has issued a recall for bagged salads after detecting listeria contamination. The contaminated packages were distributed in several states, including California.
Listeria bacteria is found in soil, water and animal feces. Humans typically are infected by consuming:
- Raw vegetables that have been contaminated from the soil or from contaminated manure used as fertilizer
- Infected meat
- Unpasteurized milk or foods made with unpasteurized milk
- Certain processed foods — such as soft cheeses, hot dogs and deli meats that have been contaminated after processing
Symptoms of listeria infection include high fever, headache and neck stiffness. Infants, the elderly and those with weakened immune systems are at risk of becoming severely ill from the bacteria.
Steve Jobs Allegedly Directly Involved with Price-Fixing E-Books to Profit at Consumers’ Expense
Alleged to Be the Price-Fixing Ringleader
Last month we reported about the Department of Justice’s anti-trust / price-fixing lawsuit against e-Book publishers. Well now, a federal court judge in New York has ruled that the civil lawsuit against the e-Book publishes by consumers may go forward.
The e-Book publishers attempted to dismiss the civil lawsuit. The Judge denied that request, ruling, “In short, Apple did not try to earn money off of eBooks by competing with other retailers in an open market. Rather, Apple accomplished this goal by [helping] the suppliers to collude, rather than to compete independently.”
To recap, the allegations are that Apple and other e-Book publishers conspired together to create artificially high prices for e-Books, to generate more profit, at the expense of Americans.
According to the papers uncovered thus far, late Apple visionary Steve Jobs was directly involved with and at the heart of the price-fixing scheme.
Skechers Agrees to Pay $40 Million to Settle False Advertising Claims Over “Shape-Up Shoes”
Skechers: Paying $40 Million
The false advertising claims over Skechers’ “Shape-Up Shoes” have reached a conclusion. Yesterday, Skechers (owned by Skechers USA, Inc.) reached an agreement with the U.S. Federal Trade Commission (FTC) to pay $40 million to consumers who were deceived by Skecher’s advertisements that Shape-Ups and other products would help people lose weight and strengthen flabby rear-ends, legs, and abs.
The FTC settlement was part of a larger investigation led by the Tennessee and Ohio Attorneys General Offices and included attorneys general from 42 other states and the District of Columbia.
“Skechers’ unfounded claims went beyond stronger and more toned muscles. The company even made claims about weight loss and cardiovascular health,” said David Vladeck, Director of the FTC’s Bureau of Consumer Protection. “The FTC’s message, for Skechers and other national advertisers, is to shape up your substantiation or tone down your claims.”
Some of the highlights of the investigation involved the “doctor’s endorsement” that Skechers’ ads featured. Shape-up ads contained an endorsement from chiropractor Dr. Steven Gautreau, who claimed he recommended Shape-Ups based on an “independent” study — but failed to disclose that he was actually married to a Skecher’s marketing executive.
For consumers defrauded by Shape-Ups, the FTC has set up a website at www.ftc.gov/skechers for more information.
Fourth Accuser Alleges Sexual Misconduct Against John Travolta
And Then There Were Four
A fourth accuser has stepped forward and alleged sexual misconduct against John Travolta. To recap, the first accuser has now hired maven lawyer Gloria Allred after dismissing his original lawsuit; the second has agreed to a private mediation of his claim, meaning that the lawsuit will not go forward publicly and its ultimate resolution will be confidential; and the third involves a Royal Caribbean cruise employee. All four accuse Travolta of sexual improprieties ranging from “sexual battery,” meaning that Travolta inappropriately touched the accusers, without their consent, to claims that Travolta made threats, bribes, and offered payments for sexual activity.
This Daily Mail article offers a thoughtful and sympathetic commentary on Travolta for having the misfortune of having his personal life and questions about his sexual orientation persist on the front page news. Although a number of celebrities have now come forward in support of keeping Travolta’s personal life, sexual orientation, and other personal details private, the issue may not be how Travolta handles his personal life, but rather, whether he has been involved in committing sexual battery, assault, and harrassment.
ACLU Tries to Protect Constitutional Rights of Americans on FBI’s No-Fly List
The ACLU is fighting to get answers for Americans put on the FBI’s “No-Fly” list. Last Friday, the ACLU’s attorneys argued in the U.S. Appeals Court for the Ninth Circuit, representing 15 citizens and permanent residents, including four military veterans, who were banned by the FBI from flying to or from the US. They were never told why or how they ended up on the list, or how to get off the list.
Some of the victims are as follows:
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Ibraheim (Abe) Mashal, a U.S. citizen and veteran of the U.S. Marine Corps, is a traveling dog trainer and father of three. |
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Ayman Latif, a U.S. citizen and disabled Marine veteran. |
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Raymond Earl Knaeble, a U.S. citizen and U.S. Army veteran. |
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Steven Washburn, a U.S. citizen and U.S. Air Force veteran who was prevented from flying from Europe to the United States or Mexico; he eventually flew to Brazil, and from there to Mexico, where he was detained and finally escorted across the border by U.S. officials. |
One victim is Abe Mashal, a U.S. Marine Corps veteran and dog trainer. “I have no idea why I’m on the list,” said Mashal. “I should have the chance to clear my name and live my life normally. This has been a real hardship for me both personally and financially.” There is more to Mashal’s story, according to Wikipedia:
Abe Mashal, a 31-year-old Muslim and United States Marine Veteran, found himself on the No Fly List in April 2010 while attempting to board a plane out of Midway Airport. He was questioned by the TSA, FBI and Chicago Police at the airport and was told they had no clue why he was on the No Fly List. Once he arrived at home that day, two other FBI agents came to his home and used a Do Not Fly question-and-answer sheet to question him. They informed him they had no idea why he was on the No Fly List. In June 2010, those same two FBI agents summoned Mashal to a local hotel and invited him to a private room. They told him that he was in no trouble and the reason he ended up on the No Fly List was because of possibly sending emails to an American imam they may have been monitoring. They then informed him that if he would go undercover at various local mosques, they could get him off the No Fly List immediately, and he would be compensated for such actions. Mashal refused to answer any additional questions without a lawyer present and was told to leave the hotel. Mashal then contacted the ACLU and is now being represented in a class-action lawsuit filed against the TSA, FBI and DHS concerning the legality of the No Fly List and how people end up on it. Mashal feels as if he was blackmailed into becoming an informant by being placed on the No Fly List. Mashal has since appeared on ABC, NBC, PBS and Al Jazeera concerning his inclusion on the No Fly List. He has also written a book about his experience titled “No Spy No Fly.”
The stories of how some people have ended up on the No-Fly list are, in certain cases, stunning:
- Robert J. Johnson, a surgeon and a former lieutenant colonel in the U.S. Army, who ran as a Democrat against U.S. Representative John McHugh, a Republican, opposing the Iraq War, was put on the No-Fly list.
- U.S. Representative John Lewis (D-GA), widely known for his civil rights advocacy, has been stopped many times.
- Walter F. Murphy, Professor of Jurisprudence at Princeton, reported that he was on the Terrorist Watch list because, in September 2006, he had given a lecture at Princeton that was “highly critical of George Bush for his many violations of the constitution.”
- Jesselyn Radack, a former United States Department of Justice ethics adviser who argued that John Walker Lindh was entitled to an attorney, was placed on the No Fly List
- Nelson Mandela and other members of the African National Congress were on the list.
The No-Fly list was a creation of the Bush administration, following the 9/11 attacks. Immediately after 9/11, the N0-Fly list included 16 individuals. In the time that has passed after 9/11, the list has expanded to include over 1,000,000 names.
The ACLU’s argument is that the No-Fly list violates the constitutional rights of Americans by preventing them from traveling, but without giving them any due process or opportunity to challenge the blacklist.
