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TwiceHorn

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Everything posted by TwiceHorn

  1. Unfortunately, it sucks ass negotiating with a deranged moron. So, Trump will have some degree of success as a deranged moron.
  2. A nugget even more disgusting in that second article. And if anyone wants guidance on what a lawsuit against AIP could look like, Lina Khan left us a roadmap just before she stepped down from the FTC last week — when she sued private-equity giant Welsh Carson for rolling up Texas anesthesiology practices to drive up the price of anesthesia services to Texas patients.
  3. Yes, as to actually confusingly similar marks. This really isn't one. I don't think 7-Mart was either. Both Bucee's and 7-11 were being "proprietary" about their marks, that is unconcerned about likely confusion, lost sales, and attendant loss of goodwill.
  4. No it can't. There is a bit of an argument over what the 14th Amendment means, though, because it has some pesky-ass words in it. The EO is based on a reading of the 14th that is cynical given the times and the anti-immigrant rhetoric. But if it had arisen in a different context, it has a bit of meat to it. The fact of the matter is that we, the United States, never gave much consideration to citizenship from founding until the Civil War, when we clearly intended to give US-born slaves citizenship. Then we didn't think about it again for another 150 years. And now we're thinking about it again in this shitty-ass context. In a different context, it would be a valid immigration policy question whether we really do want to confer unlimited jus soli citizenship, and whether the 14th needs to be amended/rescinded to do or modify that.
  5. I could have sworn I read somewhere that LVMH or some other "fashion house" holding company had acquired them. But wiki says Arena Brands, which used to own Stetson and a number of other western brands. Looks like they're down to Lucchese, and PE-controlled, specifically Hicks, Muse.
  6. Along this line, I represented a Nigerian mechanical engineer 2nd generation immigrant whose family owned a "7-mart" somewhere in the mid cities. Seven-Eleven, then Southland at the time, sent a cease and desist. They demanded that he change the signage, which was a non-trivial endeavor, cost wise. It didn't look anything like the 7-11 logo or colors, but did have the orange roof. Because Chidi's family leased and then purchased the premises from . . . . 7-11. And it was more than seven years prior to the cease and desist. So, 7-11 had no real excuse for not knowing what signage the Chidis were using as they actually owned the premises during part of their use. So, Chidi would agree to change it if 7-11 paid, otherwise we'd raise laches and estoppel and have a half-decent chance of prevailing, or at least stopping a preliminary injunction or TRO. They agreed. It was like $5000, I think. A tidy sum that would have hurt Chidi, but was nothing to 7-11 and they likely should have come offering to do that.
  7. Que es un "chili trip"?
  8. The trade balance with Colombia, for legit stuff, is surprisingly even. https://www.census.gov/foreign-trade/balance/c3010.html But, it did favor us. Probably not so much anymore. Chalk one up for China.
  9. I'm a retrogrouch, but I can give a little on the velvet. The latest trends in suit cuts annoy me though.
  10. Yeah, if they said that, that would be a "living Constitution" librul argument, not an originalist one. The problem here is that the 14th Amendment was drafted imprecisely because there wasn't a whole lot of disciplined thinking going on then, a lot like the 2nd Amendment. An interesting article about the 14th, orignalism, and ratification. https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1042&context=nulr
  11. I think I have heard that WT White in Dallas pays some nominal license fee to UT to be the Longhorns. Licensing itself is risky because if it is found to be a grant of naked permission to use the mark without restriction or quality control, the licensed mark becomes invalid. But, I guess it beats suing high schools and school districts for an injunction.
  12. Some good points here. In response to some other good points. This place can be the best, really.
  13. If this wasn't being sponsored by this hateful administration in this hateful environment, and in this authoritarian way, but was instead a part of a rational immigration reform package subject to voter approval, even if indirect, it would be exactly as you say.
  14. Well, I think the Biden administration regards AI with a bit of caution, as it rightly should. And AI computing centers are an environmental disaster. Thinking people aren't really that excited by AI.
  15. Yeah, the asylum issue is tough, which is where those came from. It is how a lot of hostile Americans got here, like Cubans and any that fled Soviet or Chinese communism. And I suspect a lot of Central Americans have more valid claims to asylum than past groups. But there's a perception that most or a lot of asylum claims are bullshit.
  16. Yeah, this and the trans issue was where they made themselves really vulnerable. I have no idea how to navigate the trans issue without throwing them to the wolves, but I think some lip service to strengthening the border could have been done without being inhumane. Of course, the bipartisan immigration bill was a big step . . . . But no one really understood what was in it, or cared.
  17. Thing is, though, they can't stop them from being a convenience store. If the defendant drains their budget fighting dumb trademark litigation. I suppose their viability as a convenience store is limited to some degree. But they can't eliminate competition.
  18. Yeah, damages are mostly off the table here. When I started in the IP business, the grail remedy for patent and trademark infringement was the injunction, getting the competitor to just stop. Big damages were icing on the cake and the plaintiff, if their mind was right, was willing to spend the fees and collect no damages. That has changed some, but I still think the injunction is the most important thing and big-time clients understand that.
  19. Well now we know why they use Fulbright. And, I'm guessing you'll see Nadalo back there sooner than later. Sometimes, when you're high up and get growth-related comp, in-house can be as good or better deal than big law, but if that growth slows down, per partner profit >$1M looks pretty good again, even at 3000 hours/year.
  20. Well, the in-house people, to the extent they exist, don't usually handle litigation on the ground. They very well may find potential infringements and prevail on management to file suit in order to justify their existence. Plus, doling out litigation to big firms is a nice way to feather your nest when you decide you want to leave the in-house world.
  21. Well, if you let truly confusing uses proliferate, likelihood of confusion (the standard) becomes increasingly unlikely. So, yes, you have a duty to "police" confusingly similar uses. Similarly, you can license a trademark to someone, but you're supposed to exercise "quality control" so that the goods are similar or of similar quality to yours. But when there's no likelihood of confusion . . . .
  22. Good question. They're "protecting their brand." From what exactly I'm not sure. As I said above, there's no confusion here leading to lost sales. Maybe some "tarnishment" or "dilution" of the brand, but these, particularly above, are so dissimilar as to be wtf. I'm shocked that that presumably small outfit took that to trial. As alluded to earlier, there is some innate resistance people have, including federal judges, to evidence of copying or imitation. But a free market, even a rational one, is premised on imitation.
  23. Doubt very much any of these go to trial. That's a multi-hundred thousand, if not a million-dollar-plus deal. I can't find the complaint, but it appears that Buc-ee's counsel is Norton Rose Fulbright, and I am quite sure that they are ready, willing, and able to raise the costs of this thing to the unsustainable for all but the Buc-ee's of the world, and probably even to make Buc-ee's flinch a little.
  24. There are several past lawsuits noted in the record. Don't know their circumstances. But, like UT, Buc-ee's is likely positioned to steamroll most, regardless of the actual merits of the case.
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