Posts by Lisa Wang




Why You Should Care That .Com Can Be .Anything

Time to panic?  The Internet is about to change dramatically.

Ever since Al Gore invented the Internet (or so I’ve heard), users have relied on a limited number of top-level domains, or “TLDs.”  A top-level domain is the end portion of a web address — e.g., .com, .net, .org, .biz, .gov, or, everybody’s newest, favorite, and most scandalous TLD, .xxx.  Last year, the Internet Corporation for Assigned Names and Numbers (“ICANN”) — a non-profit corporation/venue for nerds to rule the world that manages most TLDs, IP addresses, and basically anything that involves the interwebs — approved the creation of new TLDs called generic top-level domains, or “gTLDs”.  In announcing that move, ICANN cited the need to increase competition and choice in the world wide web (because we know that there certainly isn’t enough competition and choice in the entire Internet).  Any legal entity may apply to create and manage a gTLD.  And that’s why, as people are finally starting to realize, things might start getting a little crazy(er) on the Internet.

Continue reading the full story . . . »

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Losing all Faith in Love (and Reality Television)

I tried, Law Law Land readers, I really, really tried. I struggled, but alas, I was not strong enough to stop myself from writing about the Kardashian divorce.

The 72-day marriage (if it can even be called that) of Kim Kardashian and Kris Humphries (herein referred to as “KK,” or maybe “666” would be more appropriate), is chock full of legal issues. What about the pre-nuptial agreement? (“Ironclad,” I’m sure, but speculation is already swirling about whether Kim’s “shady behavior” has rendered it “worthless.”) What to do with the gifts? (Apparently Kim is donating$200,000 to charity in lieu of returning the gifts. I’m sure the people who bought her the $375 candy jar, or $6,500 vase, or $1,250 serving spoon, or $1,600 teapot, or $840 ashtray are thrilled about that decision and the tax write off she gets. And no, I did not make up those items or prices). Why isn’t gay marriage legal and this is? (Beats me, but it really makes you think about that whole “sanctity of marriage” argument.)

No, you aren’t having a stroke, it really is that big and shiny.

But the burning issue I want to write on? What happens to THE RING? (I think the 20.5-carat sparkler deserves all-caps treatment.) Continue reading the full story . . . »



Panties in a Twist

Sometimes mistakes are made by accident. Sometimes mistakes are made on purpose (which, I guess, makes them not really mistakes). And sometimes, mistakes are made by, um, stupidity. File this one under stupid.

The Attorney General of the Navajo Nation recently sent Urban Outfitters a cease-and-desist letter, demanding that the corporation stop using the Navajo Nation’s trademarks to sell clothing and accessories that are completely unrelated to the Navajo people. Urban Outfitters’ (extremely tasteful) line of 24 “Navajo”-themed items included such surefire crowd-pleasers (pictured below) as the “Navajo Hipster Panty” and the Navajo flask — especially charming, I’m sure, to a Native American community that has long struggled with alcoholism and whose alcohol-related mortality rate is nearly 12%. Or maybe the style-makers at UO just hadn’t heard.

Just a few items from Urban Outfitters’ site described as “Navajo."

But Urban Outfitters’ “Navajo” product line wasn’t just culturally insensitive (not to mention egregiously ugly). It was also probably a violation of both trademark law and the Indian Arts and Crafts Act of 1990. Continue reading the full story . . . »



Pampered Pups, and the Laws That Love Them

With this year’s Fashion’s Night Out just days away, I can’t help but think of Alexander McQueen, whose tragic suicide last year deprived the fashion world of one of its greatest talents. McQueen had no children, but made sure his dogs were well taken care of by leaving over $80,000 in his will for the care of Juice, Callum, and Minter. (Nope, I didn’t make up those names.) McQueen also left money to his housekeepers, siblings, nieces and nephews, and charities (including two animal welfare charities — McQueen was clearly an animal lover).

But Alexander McQueen is hardly the first high-profile figure to decide that nothing says “I love you, Fido” like a massive trust fund. And, in most of the United States, the law is specifically equipped to make sure that these pampered pups are taken care of long after their owners have gone to that great dog park in the sky. Continue reading the full story . . . »



How the First Amendment Protects Your Right to Be a Jerk

Sadly, “shocking” racist or bigoted celebrity tirades no longer make for shocking news. Even if the Constitution can’t protect them in the court of public opinion, celebrities like Mel GibsonMichael Richards, andTracy Morgan are lucky enough to live in America, where the First Amendment protects them from legal consequences for the absurd things that come out of their mouths. John Galliano, on the other hand? Not so lucky. He could face jail time for his recent anti-Semitic and racist rants.

The former creative director of French fashion house Christian Dior was arrested in February for allegedly shouting anti-Jewish and racist insults at a couple at a bar in Paris. He also allegedly exchanged slaps with the couple. Galliano was immediately fired from his position at Christian Dior and ostracized from the fashion community. Shortly after the incident, Galliano ended up in rehab (which is now apparently a cure for everything from alcoholism to racism to not being able to stop once you pop). In court, Galliano claimed that he was an alcoholic and drug addict, and that these addictions caused him to make the racist rants (of which he supposedly has no memory). Galliano is being charged with making “public insults based on origin, religious affiliation, race or ethnicity” — a type of prohibition which was widely adopted throughout Europe in the aftermath of the Holocaust — and could face up tosix months in prison.

Although Galliano is, in practice, unlikely to see a jail cell even if he’s convicted, the fact that it’s a possibility at all is more-than-mildly perplexing to us Americans who are used to having free reign to make comments like that — usually either on a stand-up stage, while being arrested for something else, or on Fox News — without the threat of prosecution. So when can you go to jail for speech in America? Continue reading the full story . . . »



Forever 21 SLAPPS Blogger with a Potential Lawsuit

WTForever21 is a blog devoted to poking fun at some of the more ridiculous clothing items offered by well-known clothing store Forever 21. While the author, Rachel Kane, admits that most of her closet is comprised of Forever 21’s “tasteful, trendy and totally awesome selection,” the blog focuses on those items that go “horribly awry.” If you’ve ever stepped into a Forever 21, you KNOW what she is talking about. While there are tons of great items for cheap, there are also some pieces that look like they were designed by Dame Edna (take this tired, ruffled, print jumpsuit, or this gem, or these floral, woven harem pants).

Apparently, Forever 21 isn’t big on humor – it sent Ms. Kane a cease and desist letter claiming that, because her website makes use of its federally registered trademark and product photographs, it constitutes trademark infringement, copyright infringement, unfair competition and dilution (these are all concepts Forever 21’s legal team is intimately familiar with since the company has been the subject of multiple suits from others claiming those exact same legal theories). The letter also noted that her website’s title refers to an abbreviation (WTF) that the general public might find offensive (or hilarious – it is a fine line). Unfortunately, my lawyers have advised me that I shouldn’t curse in this blog, so if you don’t know what WTF stands for, you may just have to Google it (and you need to get the F out more often). Continue reading the full story . . . »