Posts Tagged ‘ New York ’

Naked Cowboy Stripped of Trademark Lawsuit Claim

March 5th, 2012. By AbiK

The Naked Cowboy trademark lawsuit has been given the boot.

Not familiar with the Naked Cowboy? He’s an ‘only in New York’ (nod to NY Post columnist Cindy Adams) institution. Though he hails from Ohio, he hangs out in the heart of Times Square donning only a cowboy hat and a pair of briefs—oh, and cowboy boots, though those typically reside outside of an onlooker’s range of focus. He also carries an acoustic guitar that he does, indeed, play.

He’s been doing his solo act in the heart of the city since 1997, and clearly he’s made not only a name for himself but apparently a living (and a following—he threw his cowboy hat in the ring as a 2012 US Presidential candidate). So much so, he’d trademarked his “Naked Cowboy” moniker—back in 2002. And, it goes without saying, once you’ve got a trademark, you’re going to protect it against trademark infringement.

So, when the Naked Cowboy became aware that the CBS soap opera “The Bold and the Beautiful” character, Oliver, appeared on the show that aired November 1, 2010 in a cowboy hat, cowboy boots and briefs and that he played a song on a (guess what?) guitar, well, the Naked Cowboy noticed some similarities.

There were differences, too—the Oliver character did not have “Naked Cowboy” written all over his guitar or on his cowboy hat.

Additionally, a clip of the scene was posted—by CBS—on CBS’ YouTube channel. The clip had the descriptive title “The Bold and the Beautiful – Naked Cowboy”. And, “naked” and “cowboy” were tags on the clip. CBS also bought adword advertising for the phrase “naked cowboy” on YouTube.

In order for the Naked Cowboy trademark infringement lawsuit to go ahead, the cowboy would’ve had to establish that not only did he had the valid registered trademark (he does) but that the trademarked name was used by the defendant for commerce and in connection with the sale or advertising of goods or services without the plaintiff’s consent.

The defendant’s use of the trademark would also have to be likely to cause confusion regarding the relationship between the plaintiff and the defendant—for example, did it appear as though the Naked Cowboy (the real one) had sponsored or approved the use of a naked cowboy on the soap?

While the Naked Cowboy could clearly establish that he owned his own trademark, the court did not find that CBS had used the trademarked name for commerce; and, in terms of the adwords, the court deemed that while CBS did purchase the adwords, it did not place the words on any products or goods so, in effect, buying the adwords did not constitute commerce either.

The court also found that given the differences in the costumes of the Times Square-based Naked Cowboy and the naked cowboy on “The Bold and the Beautiful”, there is no likelihood of confusion.

All remaining charges of the trademark infringement lawsuit were also dismissed. And with that, the Naked Cowboy is left to tip his hat and head back to his urban frontier at the corner of 46th and Broadway.

For more, read the court opinion here.

Tags: CBS, Naked Cowboy, New York, The Bold and the Beautiful, Times Square, Trademark Infringement, Trademark Lawsuit
Posted in Celebrity, Intellectual Property, lawsuits | No Comments »

How to Scam A Lawyer…?

July 2nd, 2010. By AbiK

This is priceless. I’m doing my morning download/debrief from all the media and legal sites I follow and I come across a gem from over at ABAJournal.com. It’s a story about a 50-year old con artist who—and here’s the priceless part—was SCAMMING LAW FIRMS.

You have to take pause with this one.

Not because the perp was charged with second-degree forgery and petit larceny—hopefully he wasn’t engaging in such activity as his catch-up plan for boosting retirement savings—but because of the nature of the scam itself.

Here’s the deal: apparently this guy calls law firms, says he’s “Jimmy” (aka James Hill) and that he “found” a package—on the subway–that was addressed to the aforementioned firm. Ok, perhaps Good Samaritan, right? But here’s where the scam part comes in. He tells whoever’s on the phone at the law firm that he will deliver the package if the firm pays for his cab fare. 

Now, no, this is not some case of “please get a Moneygram wired to me at the corner of Walk and Don’t Walk” (yes, a nod to Lily Tomlin). No—this guy actually had a package that he would deliver. And then the law firm would reimburse “Jimmy” for his cab fare—and according the the abajournal post, sometimes that included tips!

That’s the low-down, and here’s my list of what’s wrong with this picture…

1. Crime scene is NYC. Is there any true, native New Yorker that would not raise an eyebrow upon receiving such a call?

2. It’s a law firm. These guys litigate this stuff all the time. Hello?

3. “Jimmy” “finds” the package on a subway. Ok, you could argue Read the rest of this entry »

Tags: law firms, New York, package scam, scam
Posted in Consumer Fraud, Emerging Issues | No Comments »

EPA Gets Fracking on Study

March 23rd, 2010. By AbiK

After growing concerns over the use of hydraulic fracturing to access natural gas, the EPA is now going to begin a “comprehensive research study” to investigate whatever the effects—potentially not good—the process may have on water quality and public health. According to the EPA’s press release (3/18/10), “There are concerns that hydraulic fracturing may impact ground water and surface water quality in ways that threaten human health and the environment.”

Hydraulic fracturing, aka “fracking”, has become a hotly debated extraction method in states like New York, Pennsylvania and West Virginia where there are shale formations—the Marcellus Formation stretches out through the Appalachian Basin. Over the last three years, the Marcellus Shale has become increasingly important as gas discoveries in the area point to a vastly undertapped energy source. Estimates put the amount of natural gas held within the Marcellus Formation at 168 trillion to 516 trillion cubic feet, which the New York State Department of Environmental Conservation (dec.ny.gov/energy) puts into context by stating that NY state uses about 1.1 trillion cubic feet of  natural gas a year. That’s potentially a lot of years of gas supply…

To help put things in perspective further, according to an article in Business Week (3/10/10), shale gas currently accounts for 20 percent of the US gas supply—and is expected to jump to 50 percent of the supply by 2035.

But environmentalists—and NYC Mayor Michael Bloomberg—have been opposed to natural gas fracking. Bloomberg wants to ban drilling at the upstate New York Marcellus Shale area. Why? Two words: water supply.

So what exactly happens with hydraulic fracking?

According to the EPA site (epa.gov), first a well is drilled into reservoir rock that contains oil, natural gas, and water. Then, a fluid—usually water that contains “specialty high-viscosity fluid additives” —is injected under high pressure into the rock. Because of the immense pressure of the fluid being driven into the rock, the rock splits open further—i.e., it creates “fractures” (can’t help but have a flashback to Wile E. Coyote in free-fall off the side of a cliff resulting in “fractured” bedrock below).

Once the rock is fractured, a propping agent (such as sand) is pumped into the fractures to keep them from closing once the pumping pressure is released. The fractures allow the natural gas to move more freely to a production well so that it can be brought to the surface.

Sounds straightforward—and back in 2004, the EPA conducted a study to determine the potential for contamination of underground sources of drinking water (usdw) from the injection of hydraulic fracturing fluids by coalbed methane wells. At the time, the EPA concluded that the injection of fracturing fluids by coalbed methane wells posed little or no threat to underground drinking water sources.

According to the Business Week article, there haven’t been any documented cases of fluids injected into wells migrating from the wells into the groundwater. However…

Earlier this year, the PA Environmental Protection Dept. fined Talisman Energy, Inc. $3,500 for violations in 2009 that “included discharging drilling fluids into Sugar Creek in Troy Township.”

There are other concerns, too. In New York City, the water supply is the nation’s largest unfiltered system. According to Cas Holloway, NYC Environmental Protection Department commissioner, should the city lose a federal filtration waiver, it could cost between $10 – $20 billion to build a treatment plant.

The EPA is re-allocating $1.9 million for the peer-reviewed study for the full-year 2010 and is also requesting funds for full-year 2011 in the president’s budget proposal.

Tags: fracking, hydraulic fracturing, hydraulic-fracturing-water-contamination-epa-fracking-hydrofracking, Marcellus Shale, natural gas, New York, Pennsylvania
Posted in Environment | No Comments »

US Open Food Servers Serve up Double Fault Class Action

March 11th, 2010. By AbiK

For all the presentation and promotion that attempts to position tennis as a pastime of the hoi polloi, it just can’t seem to get over a bit of an elitist image. It’s not the professional players that make it so—heck, many have come from the hoi polloi themselves and have in their own way given the finger to some of the elitism (recall Agassi’s earlier days…McEnroe’s outbursts…Venus and Serena’s new fashion rules). And this year, you—yes YOU—can even register to compete for a wild card into the US Open Qualifying tournament. 

So what gives? Well, if you’re part of the army of food service folks who work the Open, you might be thinking the elitism comes from the country club set who show up at the US Open outfitted in Lacoste or Brooks Brothers toting a casual & sporty—yet appropriate!—Vera Bradley or Lily Pulitzer (LL Bean if quieter propriety’s your thing) bag as they head to their box seats at the Open. See, those food service folks actually work their tails off to serve—as the 2010 US Open site describes it—”innovative menus” that feature “superb cuisine of impeccable quality and freshness” to the social set sitting in the Luxury Suites at Arthur Ashe stadium. Yeah, you’re not seeing that fare if you’re sitting Loge. Luxury Suites, by the way, will set you back $10,000 – $63,000 for a package—hey, parking’s included, catering isn’t (that’s an $1,800 minimum).

Work their tails off? Oh, but surely they make decent money, right? Surely more than the peons working those concession stands outside on the “grounds”?

Well, according to a class action lawsuit filed on March 3rd in Brooklyn federal court, those servers may not be getting paid all that much for the hours they put in serving, as the New York Post calls them “celebrities, trust-fund kids and captains of industry”. The Post quotes one worker who’s also a plaintiff, Daniel Yahraes, as saying he worked more than 100 hours a week and was paid based on his $17 an hour pay rate—no overtime pay (that’s fault #1)—and, while clients were apparently charged an additional 21 percent “service charge”, that fee was not passed along to the “service” (that’s fault #2, and shades of Cipriani?). I have to imagine that some of those workers received cash tips, but still, overtime is overtime and for Yahraes, that would arguably mean he lost out on quite a bit of cash.

Five companies are named in the lawsuit, including Restaurant Associates and the suit covers the past six years.

Tags: Employment, New York, restaurant, Unpaid Overtime, US Open
Posted in Emerging Issues, Employment | No Comments »

A Fair and Just Legal System Also Needs Moderation

October 9th, 2009. By Hunter West

Important as it is for citizens to have legal recourse to sue in order to right a wrong, do you sometimes wonder if things are getting a bit out of hand? 

Case in point: in 2002 a detective with the New York Police Department (NYPD) accidentally shot himself in the knees while sitting on a chair and trying to holster his revolver. The following year he retired on a three-quarters disability pension and is now employed as a court officer in South Carolina making $24,000 annually. 

He also sued the City of New York and last November was awarded $4.5 million in damages by a jury. 

For accidentally shooting himself in the knee. For that kind money maybe we should all do that. 

Obviously, the former NYPD man found himself a talented lawyer who presumably argued that the revolver, issued by the department, was faulty. As the NYPD is an agent of the City, the Big Apple would be on the hook. 

Keep in mind that if we are injured, or victimized in concert with a situation or event through no fault of our own, we should have the right to seek compensation. 

Case in point: the scores of women who have unknowingly put themselves in harm’s way by simply subscribing to Yaz birth control. They believed Yaz (and Yasmin) to be a safe and effective oral contraceptive, only to find out the hard way about risks for life-threatening blood clots and thrombosis. Women—painfully young, healthy women—have died. 

And then there are the thousands of California workers who are robbed of their right to claim, Read the rest of this entry »

Tags: California Overtime, lawsuits, New York, Yasmin, Yaz
Posted in Court of Public Opinion | No Comments »