Docket Digest - April 30th, 2021

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Docket Digest - April 30th, 2021
Good Afternoon and Happy Friday!
This week’s Digest includes three legal-related stories #InTheNews and a #SCOTUS First Amendment Question.
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Without further ado… All rise.

#InTheNews - RICHARD H. BARNES, JR., Plaintiff, v. LAMAR D. JACKSON, LAMAR JACKSON ENTERPRISES INCORPORATED, and RONALD DUPONT
A NYC-based former sports photographer, Richard H. Barnes Jr., filed a lawsuit in federal court in Florida last week, alleging that Jackson, or someone working on his behalf, uploaded the photos to social media without permission and used them to sell clothing and other products. According to the lawsuit, Jackson and his company, Lamar Jackson Enterprises Inc, used the images without authorization several times, uploading them on social media sites such as Instagram, Facebook, Twitter, and YouTube, and turning one into a trademark, later used on products. The lawsuit claims that Jackson “has performed or engaged in the operation of (Lamar Jackson Enterprises’) affairs in a trend of racketeering crime by marketing the Era 8 Apparel through various incidents of illegal copyright infringement,” citing copyright law and the RICO, Act. Jackson’s lawyer, Mitchel Chusid, said that his client “had never illegally used Mr. Barnes’ images.” “He has patents for portraits and stuff like that,” Chusid said, “but they have nothing to do with the real photos.” The case also names a jeweler, Ronald Dupont as a defendant.
#InTheNews - ADT v. Ring
ADT Inc., the largest home-security firm in the United States, filed a lawsuit alleging Amazon’s “Ring” home-security company of stealing the trademarked blue octagon icon and using it “to tout an unearned reputation for confidence” among prospective buyers. 1 in 5 single-family homes have home security. The firms are competing for a larger share of the growing connected-home security industry. ADT is the industry leader in the $18 billion residential surveillance market in the US, but its dominance is under threat from new entrants. The competitive nature of the smart-home industry has resulted in a rise in lawsuits over home security and utility devices. The new case follows years of conflict between ADT, which started in 1874 with “a telegraph-based call-box,” while Ring was created in 2013. The complaint asserts that anytime the public sees a solid blue octagon on a home, they think of ADT. The ring is using the blue octagon “with the hope that people will think Ring is delivering, or, worst, that Ring is providing its security service in collaboration with ADT.” ADT’s claim against the ring relies on the 12 registered trademarks ADT holds for the form, color, and appearance of the signs, some dating back to the 1990s, and has “invested significant capital and promoted its protection products under the blue octagon mark.”
#SCOTUS - Can you put your High School on blast via SNAP story?
On Wednesday, the Supreme Court heard arguments its most significant case in decades pertaining to First Amendment rights. Their decision will eventually determine whether young people are entitled to post lewd, cruel, or racial remarks on their teachers, peers, or school, on social media. The Supreme Court in 1969 had held that students had the right to free expression on campus when they wore black armbands to protest the Vietnam War. However, the Tinker v. Des Moines ruling was compromising as it favored the right of the school to regulate social behavior. With the rise of social media sites, when offensive messages that quickly spread within a school population are beyond the control of school officials. This case is based on a girl’s F-word rant on Snapchat after her rejection in school’s cheerleader trials. The parents of the girl who made the rant filed a suit in federal court, alleging a violation of the 1st Amendment and seeking an order that would reinstate her to the team. A federal judge agreed with the plaintiff and her parents, ruling that her outburst did not cause a substantial disruption at school. The school district’s attorneys argued that social media messages can trigger “significant disturbance” at school and should be monitored. They didn’t say that the girl’s posting caused disruption but urged the court to remand the matter to a district judge for reconsideration.
#InTheNews - 35 Girlfriends for 1 Man
In Japan, a man allegedly dated 35 women to coerce them into sending him extravagant presents for fabricated birthdays. Takashi Miyagawa, 39, reportedly claimed to be in serious relationships to defraud them of items totaling 100,000 Japanese Yen. He received a year-round steady supply of gifts. According to The Independent, the presents ranged from appliances to clothes, including nearly a $280 coat. While Miyagawa was born on November 13, he convinced his victims to send him gifts on his “birthdays” in some other months. Miyagawa, who does not have a permanent address, works part-time as a salesman for a multi-level marketing agency. Miyagawa was arrested on suspicion of bribery, but police are continuing their investigation because they believe other suspects might exist.
Thank you for reading! Have a great weekend!
Credits For Today’s Digest:
Various Content - curated by Alexander M. Baron
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