I can't say that I've tried Taco Bell's Doritos Locos Tacos, but it seems as though I'm in the minority. The menu item introduced last year has been so popular that it's helped create 15,000 new jobs for the fast food chain, Taco Bell CEO Greg Creed says. More than 1 million of the tacos are reportedly sold every day, with more than 500 million sold since the product was launched. [This Fast Company article provides an in-depth look at the origins and impact of the chain's "disruptive faux cheese-dusted taco."] Creating a taco shell out of Doritos chips was clearly an inspired concept -- and a federal prison inmate is now claiming that idea was all his. The Dallas Observer reports (via Consumerist), that Gary Cole, an inmate at a high-security prison in Colorado, filed a federal lawsuit in Texas this week alleging that Taco Bell stole his idea for the Doritos tacos. As proof, Cole offers a copy of a 2006 letter sent to his attorney, in which Cole recorded ideas for a number of potential products, including "Tacos [sic] Shells of All Flavors (Made of Doritos)." Among the other merchandise ideas listed were some items branded "Divas... Continue reading

iPhone users (and other Apple devotees), take note. A proposed class action filed in California seeks $5 million in damages against Apple over allegations that the company knew about a latent defect in the iPhone 4's power button and failed to disclose it. But here's the twist: The plaintiff alleges that Apple not only knew that the power button would fail, it knew when the button would fail -- just after the expiration of the phone's one-year warranty period. In her complaint, filed in federal district court, Debra Hilton says her iPhone 4 "suffered a terminal power button failure" 15 months after she bought it, and three months after her warranty expired. The only option that Apple's customer service offered her, she said, was to pay $149.99, plus shipping, for repair or replacement of the phone. The alleged defect involves a flex cable connected to the phone's power button, the "premature deterioration" of which "causes the power button to become harder and harder to depress until eventually it becomes entirely unresponsive," according to the complaint. Hilton alleges that Apple "knew that this defect existed as of the time of the phone's manufacture, and that it would be substantially certain to... Continue reading

Grabbing an ice-cold brew in Indiana may become a lot more convenient, if a trade group succeeds in its challenge to a 50-year-old state law that restricts gas stations, grocery stores and convenience stores to selling beer only at room temperature. The Indianapolis Star reports that the Indiana Petroleum Marketers and Convenience Store Association filed suit in federal district court in Indianapolis on Tuesday, arguing that the law against the sale of cold beer creates a "discriminatory regulatory regime." Package liquor stores in the state are permitted to sell cold beer. Scot Imus, the association's executive director, told The Associated Press that the law "says pharmacies, convenience stores and grocery stores are capable enough to sell the product warm, then it gets rather arbitrary about what temperature it can be sold at. When you change the temperature, it doesn't change the alcohol content." Indiana is the only state that regulates beer sales based on temperature, according to the suit. And the 1963 law only applies to beer; convenience and grocery stores are free to sell chilled wine. Convenience store groups have waged a long and unsuccessful lobbying campaign to convince state legislators to change the law, according to reports. The... Continue reading

It's been an eventful week for Cody Wilson, the 25-year-old University of Texas law student, self-described crypto-anarchist and creator of a 3-D printed handgun called The Liberator. Wilson's organization, Defense Distributed, has garnered much media attention for its Wiki Weapon Project, a "nonprofit effort to create freely available plans for 3D printable guns." Wilson's crusade has now landed him in the government's sights -- and his legal troubles may just be beginning. After Wilson made headlines for unveiling and successfully test-firing the plastic weapon, Defense Distributed last week posted downloadable blueprints for creating the gun on a 3-D printer. Several days later, Wilson received a letter from the State Department ordering the removal of the designs from the site pending review of whether publishing them constituted distribution of "technical data" in violation of the International Traffic in Arms Regulations. The problem? The plans had already been downloaded more than 100,000 times and published to numerous file-sharing sites. Meanwhile, Defense Distributed's endeavor is getting more notice than ever, and Wilson seems undaunted (to say the least). The issue has caught the attention of lawmakers, including U.S. Senator Charles Schumer, D-NY, who has argued for a ban on 3-D printable guns. "A... Continue reading

The buzz continues to build about Google Glass, generating explanatory reviews, opinion pieces, etiquette guides -- even a Saturday Night Live sketch. As early users and tech writers offer first-person accounts, reviews and analysis -- some ecstatic, some skeptical -- much of the debate is centering on privacy concerns over the potentially game-changing wearable computer product. A New York Times article this week discusses the legal issues awaiting the release and potential widespread use of the device. "Glass is arriving just as the courts, politicians, privacy advocates, regulators, law enforcement and tech companies are once again arguing over the boundaries of technology in every walk of life," David Streitfeld writes. The article quotes social media expert Bradley Shear, who says that Glass "will test the right to privacy versus the First Amendment." The Times piece describes the backlash already building against Google Glass well in advance of its release. A Seattle bar made headlines by pre-emptively banning Glass, while legislators in West Virginia are trying to add the device to a state ban on texting while driving. Of course, establishments (such as casinos) that already ban recording devices are also unlikely to be Glass-friendly. Computerworld has reported that a spokesperson... Continue reading

Major cosmetics companies have recently been hit with false advertising lawsuits alleging that they misled customers about testing on animals and marketed skincare products in a way that made them sound like drugs approved by the FDA. Now, there are reports of a new suit against cosmetics giant Lancome involving claims of a more, well, cosmetic sort. The New York Post and ABC News report that Rorie Weisberg, an Orthodox Jewish woman in New York, is suing Lancome and its parent company, L'Oreal, over its advertising for its Teint Idole Ultra 24H foundation, which promises "24 hours of longwear, 24 hours of comfort." Weisberg "abides by Jewish law by not applying makeup from sundown on Friday until nighttime on Saturday," according to court papers. She bought the $45 product on Lancome's website, specifically looking for a long-wearing foundation that would last through the Sabbath for her son's bar mitzvah celebration. Lancome's website advertises that the foundation is the result of "8 years of research," and touts its "new EternalSoft technology" which "defeats all challenges." But Weisberg contends that it did not live up to the challenge of overnight wear. Instead of providing "lasting perfection," Weisberg found that the foundation "faded... Continue reading

As the investigation into the Boston Marathon bombings continued this week, with charges brought against former classmates of suspect Dzhokhar Tsarnaev, there was an indication that media coverage of the event -- tied to the unique, crowd-sourced nature of the investigation of the bombing suspects -- might lead to some legal fallout as well. Erik Wemple's blog at The Washington Post reports that the father of one of the two young men who appeared on the cover of the April 18 issue of the New York Post is considering suing the newspaper over the false implication that his son was involved in the bombing. The New York Post published a photo of 17-year-old Salah Barhoum and another man, with the headline "BAG MEN: Feds seek these two pictured at Boston Marathon." Barhoum, who had no connection to the bombings, had gone to the police the day before to clear his name after seeing photos of himself circulating online. He told ABC News at the time that his reaction to seeing the New York Post cover was "the worst feeling that I can possibly feel … I'm only 17." Salah Barhoum's father, El Houssein Barhoum, said this week that he is... Continue reading

With new marijuana laws coming into effect in some states, police officers won't be tasked as often with seizing small amounts of pot from citizens. But in an unusual case making the news this week from Washington state, police are actually being asked -- well, ordered -- to give some back. A municipal court judge in Tacoma, Wash., has ordered police -- twice -- to return a small amount of marijuana seized during a traffic stop last year, threatening them with a contempt finding if they don't comply. And though the quantity of marijuana at issue is small, the case points to larger issues involving conflicts between state and federal laws regarding the drug. Joseph L. Robertson had a small amount of marijuana confiscated during a traffic stop in May 2012 and was charged with misdemeanor marijuana possession. The charges were dropped in December, after Washington state voted to legalize small amounts of marijuana. Robertson then asked for his pot back, providing proof of medical authorization. The police refused, and Tacoma Municipal Court Judge Jack Emery issued an order on February 28 compelling them to return the drugs. The police did not comply, and the marijuana remains at the Pierce... Continue reading

The New York Law Journal has a report this week about developments in a proposed class action against a Manhattan dentist who required patients to sign a confidentiality agreement in which they promised not to publish negative commentary about her and to assign her a copyright over any such commentary. A federal judge in New York has firmly rejected a motion to dismiss the case, which will now proceed against Dr. Stacy Makhnevich (who is described on her website as a "dentist, artist and opera singer"). The case made news when it was filed in late 2011 by Makhnevich's former patient Robert Lee, who was dissatisfied with the dental office's failure to submit reimbursement forms to his insurance company. A day after Lee posted negative reviews of Makhnevich on websites, including Yelp and DoctorBase, Makhnevich sent him a letter stating that he had violated the terms of the "Mutual Agreement to Maintain Privacy" that he had signed before treatment. Makhnevich threatened to sue Lee for $100,000 in damages, claiming copyright infringement, breach of contract and defamation. She later sent Lee invoices charging him $100 a day for copyright infringement. With the backing of consumer advocacy organization Public Citizen, Lee sued... Continue reading

Here's a reminder that judges aren't above the rules of courtroom decorum -- or immune from embarrassing technological snafus. Michigan Judge Raymond Voet held himself in contempt on Friday and paid a $25 fine after his new smartphone made its presence known during a jury trial in his courtroom. As the prosecutor made his closing arguments, Voet's phone started asking for voice commands. "I'm guessing I bumped it. It started talking really loud, saying 'I can't understand you. Say something like Mom,'" Voet said, according to the Ionia County, Mich., Sentinel Standard. "My face got as red as a beet." Voet is a stickler when it comes to disturbances of this type, and has a posted policy in his courtroom warning that disruptions caused by electronic devices will result in the confiscation of the items, a contempt of court finding and a $25 fine. The Associated Press reports that Voet has enforced the rule against police officers, attorneys, witnesses, spectators and friends over the years -- and now he can add himself to the list. He paid the fine during a trial recess. "Judges are humans," Voet said. "They're not above the rules. I broke the rule and I have... Continue reading

The escalating patent battle between shapewear makers Spanx and Yummie Tummie over body-slimming camisoles has sparked discussion about what it and similar cases may mean for the future of design patents in the fashion industry. The dispute has proven to be quite alluring to news outlets and bloggers, inspiring a wide range of punny headlines such as "Battle of the Bulge", "Girdlegate 2013" and "Spanx Tells Yummie Tummie to 'Put Your Big Girl Panties On and Deal With It'!" In short, shapewear industry giant Spanx filed a request for declaratory judgment in federal court in Atlanta in March, in response to a cease and desist letter sent in January by the Yummie Tummie shapewear brand, which claimed that Spanx's designs infringe Yummie Tummie's patents for three-panel slimming camisoles. Last week, Yummie Tummie filed a patent infringement suit against Spanx in New York. In the meantime, Yummie Tummie founder (and reality TV personality) Heather Thomson posted an open letter on the Yummie Tummie website to billionaire Spanx founder Sara Blakely, tried to start a Twitter campaign (#shameonyouspanx) and told Women's Wear Daily that Blakely should be "ready for war." Forbes ran an interesting piece on Wednesday calling the Spanx-Yummie Tummie dispute... Continue reading

Watch out, Hooters. Texas restaurant chain Bikinis Sports Bar & Grill can now officially call itself "America's ONLY Breastaurant®." Bikinis founder and CEO Doug Guller announced in a recent press release that "Breastaurant® is now a Registered Trademark through the United States Patent and Trademark Office of the Department of Commerce." It's a signal of a growing industry -- and it's not the first time that the restaurants formerly known as breastaurants have made news over intellectual property-related issues. The breastaurant term has been used to describe establishments that offer food, drink and, most importantly, waitresses in smaller-than-average uniforms. Among them: the Tilted Kilt Pub & Eatery, which has a Celtic theme and waitresses called Tilted Kilt Girls® who sport tartan bra-tops and tiny kilts. The Twin Peaks chain -- slogan: "Eats. Drinks. Scenic Views" -- offers a mountain lodge atmosphere with female wait staff dressed in what might be best described as "sexy lumberjack" attire, and which promises patrons that, "Twin Peaks is about you, because YOU'RE THE MAN!" New York-based Canz has a roadhouse vibe, with waitresses in tight black tank tops and knee socks. At Bikinis, the servers wear cut-off shorts and -- well, you've guessed it... Continue reading

Donald Trump announced last week that he is dropping his $5 million lawsuit against comedian Bill Maher over Maher's statement on The Tonight Show with Jay Leno that he would donate $5 million to a charity of Trump's choice if Trump could prove that he was not "the spawn of his mother having sex with an orangutan." The joke was a reference to an offer that Trump -- a supporter of the so-called "birther" movement -- made to President Barack Obama last fall to donate $5 million to charity if Obama would release his college transcripts. Trump produced his birth certificate and sued Maher for $5 million, saying that Maher didn't honor his end of the bargain. The spat escalated with Maher's incredulous response on his TV show, Real Time with Bill Maher, in which he said Trump needed to learn "what a joke is and what a contract is" and that the legal system is "not a toy for rich idiots to play with." As The Am Law Daily reported ("Comic Maher Goes Ape Over Cooley-Repped Trump's Simian Sex Suit"), Maher also took some comic shots at Trump's lawyer, Cooley's Scott Balber, showing a letter from Balber and saying,... Continue reading

The latest in the salacious saga of Michigan Judge Wade McCree has been making the law blog rounds this week (via Jonathan Turley, Above the Law), with the release of McCree's answer to the state Judicial Tenure Commission's complaint against him over a series of alleged ethics violations related to his sexual relationship with a complaining witness in a child support case. McCree, who allegedly impregnated the woman, Geniene La'Shay Mott, admitted in his answer to the complaint that he "made the unfortunate decision to engage in a sexual relationship with Ms. Mott and also admits that on a few occasions, the relationship took place in his chambers." McCree allegedly sent text messages to Mott from the bench, including a much-reported text cited in the complaint, which read: "C'mon, U'r talking about the 'docket from hell, 'filled w/tatted up, overweight, half-ass English speaking, gap tooth skank hoes ... and then you walk in." McCree states in his answer that the message "was sent in an effort to flatter Ms. Mott and was not intended to demean any person who had appeared in [McCree's] courtroom." Jonathan Turley writes: "I cannot imagine anyone feeling demeaned by a judge calling them "tatted up,... Continue reading

A significant copyright decision this week has lawyers, bloggers and commentators speculating about the future of the first sale doctrine in the digital age. U.S. District Court Judge Richard Sullivan has granted summary judgment in favor of Capitol Records in its infringement suit against online digital music reseller ReDigi, which bills itself as "The World's First Pre-Owned Digital Marketplace." Sullivan rejected ReDigi's first sale defense, holding that the defense "is limited to material items, like records, that the copyright owner put into the stream of commerce" and finding that, in reselling digital music, ReDigi is "distributing reproductions of the copyrighted code embedded in new material objects, namely, the ReDigi server in Arizona and its users' hard drives." Sullivan wrote that the first sale defense "does not cover this any more than it covered the sale of cassette recordings of vinyl records in a bygone era." On the Electronic Frontier Foundation's Deeplinks Blog, EFF's Corynne McSherry writes that what is "particularly frustrating" about the ruling is that "the court reached that decision despite the fact that Redigi went out of its way to prevent actual harm to any copyright owner." The method by which ReDigi transfers ownership of the digital music... Continue reading

In the aftermath of the U.S. Supreme Court same-sex marriage arguments, a post by law professor Dale Carpenter on The Volokh Conspiracy blog has been making the rounds on Twitter and in the legal blogosphere. Carpenter discusses what he calls "The Real Standing Problem in the Marriage Cases," the phenomenon witnessed last week when those hoping for a seat inside the courtroom for the historic oral arguments waited in line for several cold days and nights -- or, in many cases, paid other individuals hundreds or even thousands of dollars to wait in their places. Carpenter describes his experience of being in line for the arguments and watching as people eventually arrived to relieve their paid line-sitters and, in some instances, invited their friends to join them, pushing back even more people who had been waiting all night. In a compelling commentary in favor of allowing cameras in the Supreme Court, The National Law Journal's veteran Supreme Court correspondent Tony Mauro described the line outside the court before the arguments as "more befitting of a music hall or an Apple store on the eve of the release of a new iPhone." He argues that, "The notion that spectators have to... Continue reading

Law.com and Legal Blog Watch are bidding a very fond farewell to Bruce Carton, the wise and witty voice of LBW for the past 3 1/2 years, and we wish him the best in his many exciting endeavors. Since I will be blogging here at LBW, I wanted to offer a brief introduction. I've been an editor with Law.com for close to 10 years, and, during a stint in Washington, D.C., I covered the colorful side of U.S. Supreme Court arguments in an "Inside the High Court" series that I originated. I have a degree from Harvard Law School, and live just north of San Francisco with a lawyer-husband and two preschoolers who -- if their current keen negotiating skills are any indication -- may just grow up to be lawyers, too. Legal Blog Watch will continue to strive to round up some of the most interesting content from the legal blogosphere. We welcome your suggestions about topics and features you'd like to see covered here. Don't hesitate to reach out in the comments or contact me directly at LNewby@alm.com. Continue reading

In the movie Cocktail, bartender Brian Flanagan (played by Tom Cruise) says that, "All things end badly. Otherwise they wouldn't end!" That is often the case, but does it have to be? In an effort to be an exception to the Flanagan Principle, today is my last day as the voice of Legal Blog Watch. I have been writing here at LBW since September 2009, and I have really enjoyed my time spanning the globe to bring you the constant variety of legal blogs and information you deserve. After three-and-a-half years on this beat, however, I feel like it is a good time for me to declare victory and move on. As my esteemed LBW predecessor, Carolyn Elefant, explained in her own September 2009 "farewell" post (also after a three-and-a-half year stint at LBW), blogging every day can cause you to simply "run out of steam." I'm not out of steam yet, but I definitely feel my internal steam pressure declining. Could I write Things You Can't Do on A Plane, Volume 31? Could Judge Carton return to the bench to rule on the inanities that will surely arise next week? Could I find three more Burning Legal Questions for... Continue reading

With just two days left in my time here at LBW, I want to seize the opportunity today to say thank you and "until we meet again" to some of my favorite legal bloggers. Here are just a few of the many lawyers and writers who have made my time writing for LBW enjoyable. In no particular order: Kevin Underhill, a partner in the law firm Shook, Hardy & Bacon and author of Lowering the Bar. Kevin, didn't anyone tell you that big firm lawyers are not supposed to have a sense of humor? Lowering the Bar unquestionably made me laugh more than any other law blog out there. I have many favorite LTB posts, but the one that comes to mind right now is "Man Who Stabbed His First Two Lawyers With a Pencil Stabs Another Lawyer With a Pencil." Scott Greenfield, criminal defense lawyer and author of Simple Justice. Scott, I already said goodbye to you once when you head-faked the Internet into thinking you'd retired from blogging. One goodbye per person, sorry. Elie Mystal, editor, Above the Law: It is not easy to find something interesting or funny to blog about every day. I know that. Elie... Continue reading

Since February 2010, Judge Carton has been ruling on important matters here at Legal Blog Watch. As I wrote when I introduced Judge Carton, No, Judge Carton is not a real judge and, like Judge Wapner, my rulings are not "technically" binding on the parties. But that has never stopped me from ruling before, see, e.g., MacStupid, aka MacGyver v. MacGruber, and it certainly won't stop me here. Moving on. My mission? To spare the parties to cases in which the outcome is obvious the time and expense of further litigation. Given my imminent departure from LBW (Friday), I want to be sure that the collected works of Judge Carton are preserved for history, as I anticipate that fake judges in the future will want to rely on the precedents established in my rulings. Here, then, for posterity, are all of the rulings by Judge Carton. Case 1: Dee v. Daily Telegraph -- British tennis pro Robert Dee sued the U.K.'s Daily Telegraph for describing him as "the world's worst tennis pro," saying the insult ruined his professional reputation. Judge Carton's ruling: Given that Dee reportedly lost 54 successive matches in international contests, including 108 sets in a row, the... Continue reading

This is my last week here at Legal Blog Watch. That's right, after Friday you will be on your own in terms of figuring out all of the Things You Can't Do on a Plane. This week, I'm going to try to wrap up as many loose ends as I can, starting with Lindsay Lohan. In July 2010, when her mug shot gallery stood at a then-impressive three, I posted a montage here along with the message I derived from each photo. By October 2011, the Lohan mug shot gallery had grown to five mug shots. In this post that featured all of her new and old mug shots, I pondered if this was a new celebrity mug shot record, and set the over/under for the number of Lohan mug shots by the end of 2012 at six. I was wrong on the over/under and the number of Lohan mug shots stayed at five through 2012. This month, however, Lohan pushed the number of mug shots to six after she turned herself in to Santa Monica, Calif., police and pleaded no contest to misdemeanor charges relating to a car crash in June 2012. As one Lohan mug shot expert stated,... Continue reading

Here are today's three burning legal questions, along with the answers provided by the blogosphere. 1. Question: There are some funky weeds growing on the farm right near my home. How can I tell if I have a cannabis farm in my backyard? Answer: You can use the police-issued "scratch and sniff cannabis card" to determine if cannabis is being cultivated in your neighborhood. (Mirror Online, Scratch and sniff out drug crime: Cops will hand out cards to help people recognise smell of cannabis farms) 2. Question: I have had a few drinks but I'm not sure if I'm too drunk to drive. Is there an app for that? Answer: Of course! (CBS News, Smartphone breathalyzer tells when you're too drunk to drive) 3. Question: I am thinking about becoming a member of the U.S. Supreme Court bar. Do I need to have argued a case before the Supreme Court? Answer: No, all it takes is membership in a state bar for three years, the signatures of two other Supreme Court bar members and 200 bucks! (The Associated Press, For lawyers, the Supreme Court bar is vanity trip) Continue reading

A set of posts on the Jim Romenesko blog this week reveals a long list of words and phrases that writers at The Washington Post's Outlook section are instructed not to use. Looking at the list, it strikes me that lawyers would be well-served to similarly keep away from these words and phrases. On Tuesday of this week, the managing editor of the Milwaukee Journal Sentinel sent a note to his staff stating they were "seriously over-using the word 'iconic.' ... Let's try not to use it unless it is truly the best possible word for that sentence." After this note was discussed on the Romenesko blog, Carlos Lozada, editor of The Washington Post's Outlook section, sent Romenesko his lengthy list of "Things We Do Not Say in Outlook" (and noted that he'd been inspired to add "iconic" to the list). The list is as follows: THINGS WE DO NOT SAY IN OUTLOOK At first glance As a society (or, "as a nation") Observers TK is not alone Pundits say (or "Critics say") The American people (unless in a quote) The narrative (unless referring to a style of writing) Probe (as substitute for "investigation") A rare window (unless we’re talking... Continue reading

Here are today's three burning legal questions, along with the answers provided by the blogosphere. 1. Question: The whole situation is asinine, but I was charged with disorderly conduct for entering a bingo parlor and yelling out "BINGO" when nobody actually had bingo. Now the judge has sentenced me to, among other things, not saying the word "bingo" for six months. Really? Really?!?! Can a judge do this? Answer: It appears so. Watch your mouth for the next six months. (NKY.com, Bogus 'bingo' earns no jail time) 2. Question: I am in 5th grade. Do I have a constitutional right to pass out invitations to a church Christmas party to my classmates during school? Answer: Yes, you do. (The Morning Call, Fifth-grader can hand out Christmas party invitations in public school, court rules; The Legal Intelligencer, Elementary-School Students Enjoy Speech Rights, Too, Third Circuit Rules) 3. Question: My company sells faux fur coats. Is it going to be a problem if we actually provide purchasers of our faux fur coats with coats made out of real fur? After all, real is better than fake, right? Answer: It is going to be a problem. (The New York Times, Real Fur, Masquerading... Continue reading

Last year, I tried to explain, generally, what adverse possession was and wasn't. I did this not because of any particular knowledge (or interest) in that area, but more because I got off on a rant about the growing number of people who thought they were going to be able to stroll into a foreclosed house and claim it as their own under "adverse possession:" Now, let me tell you what adverse possession isn't: it isn't when someone else's house goes into foreclosure and is sitting vacant, and you somehow get into the house, put your couch in the living room and declare it to be yours under adverse possession. Happily, the reports of people trying to pull this stunt on foreclosed homes in the U.S. seem to have slowed down in the past year (a development for which I take full credit). Today, however, I read about a new twist in the world of people trying to lay claim to vacant houses. The Washington Post reports that a group called Moorish Americans, who "get their name in part from the Moorish Science Temple of America," are claiming ownership of unoccupied homes across the country. Spencer Dew, a professor who... Continue reading