Judge's rulings, words lead to recusal: appeals court's order puts to rest decades-long feud between jurist and IBM

Article Abstract:

The 2nd US Court Circuit Court of Appeals in NYC in Jan took the remarkable step of disqualifying US District Judge David Edelstein from an antitrust case against IBM. Edelstein, the longest-serving federal judge in the country, has overseen the case since the Justice Dept brought the initial suit against IBM in 1952. Recently IBM has sought to lift a 39-year-old stipulation decree, and courtroom hostility has risen to unusual levels. Some critics say IBM's lawyers deliberately antagonized the judge to get him removed.

Analysis, International Business Machines Corp., Practice, Disqualification of judges, Judicial disqualification, Edelstein, David

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Advertising legal wars heating up; lawsuits filed over pitches for long-lasting antacid, quick-baking toy ovens

Article Abstract:

False advertising suits are on the increase. Most are based on Section 43(a) of the Lanham Act, which prohibits misrepresentations of the qualities of ones own or others' goods. The preferred remedy is injunctive relief, requiring that the advertisement be stopped or at least changed. Consumers may have more success getting standing to sue under proposed revisions of Section 2-313 of the Uniform Commercial Code, which would create a legal presumption that an advertisement constitutes a warranty.

Investigations, United States. Federal Trade Commission, False advertising

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Deceased stars haunting the courtroom; protecting celebrities' estates from merchandising ripoffs is big business

Article Abstract:

Many celebrities' estates nationwide are contesting the unlicensed commercial use of their likeness or products on a variety of grounds. Some states formally extend protection through right-of-privacy or right-of-publicity laws that continue for a set period after death. In others, lawyers invoke the federal Lanham Trademark Act. Pablo Picasso's estate may be the most active litigant, but only Elvis Presley's has thus far found itself a defendant.

Lessors of Nonfinancial Intangible Assets (except Copyrighted Works), Patent owners and lessors, Trademark Owners & Lessors, Publicity (Law), Right of publicity, Celebrities, Trademark licensing, states

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