Its a contract clause that can be a double-edged sword: “In any claim, arbitration or litigation brought under the terms of this agreement, the prevailing party shall be entitled to receive full reimbursement from the non-prevailing party for the prevailing party’s reasonable and necessary attorney’s fees and costs.” On the one hand, if you live …
Monthly Archive: August 2012
Aug 28 2012
Getty Images Pays $100K to Settle Car-Freshener Suit
Last month, stock photo giant Getty Images paid $100,000 to Car-Freshener Corp., makers of those ubiquitous tree-shaped air fresheners. Getty Images had several stock photos for license and sale in their catalog that included the famous trademarked fresheners. The federal lawsuit was filed in November 2009 and was reported on in this blog in October …
Aug 22 2012
Federal Court Rules Poker is Not “Gambling” Under Federal Law
One of my favorite quotes to use in the lawschool class I teach on Legal Writing comes not from a great judge or a famous legal case. It is from Lewis Carroll’s Alice in Wonderland describing an exchange between Alice and Humpty Dumpty after Alice becomes frustrated that Humpty is misusing common English words: When …
Aug 17 2012
NY Federal Appeals Court Supports “Theft of Idea” Claim
In big news for the TV and film industry in particular, the Second Circuit (the Federal Appeals Court that covers, among other states, New York) ruled that a claim could be brought for “theft of an idea” when a TV network takes an idea that was protected by a contract between the parties. In Forest …
Aug 15 2012
Judge Fines Plaintiff and Lawyer in Quirky Lawsuit Against Facebook
I have been following and blogging about the strange case filed in Federal District Court in Buffalo New York by Paul Ceglia and his lawyer Dean Boland. Ceglia claims he has a written agreement between him and Mark Zuckerberg where Zuckerberg agrees to give him 50% of Facebook in exchange for a small investment and …


