Loses KitKat trademark fight
Nestle fails to convince judges that it has the right to trademark the shape of its KitKat four-finger chocolate bar. The judges say that the company must demonstrate that the public relies on the shape alone to identify the snack. However, this was difficult to prove since the chocolate bar also shows the brand name. Cadbury has fought to prevent Nestle from obtaining the ruling, as it would stop other confectionery producers making chocolate bars of the same shape or size. Both companies said they are “pleased” with the ruling, and the case will now return to the UK’s High Court for a final decision.
Dancing Baby case will go to trial
A three-judge panel in The United States Court of Appeals for the Ninth Circuit, in San Francisco, clears the way for the “Dancing Baby case” to go to trial. The court rules that fair use is “uniquely situated in copyright law so as to be treated differently than traditional affirmative defenses,” and copyright holders like Universal must consider fair use before issuing takedown notices asking services like YouTube to remove videos that include material they control. EFF:
Today’s ruling sends a strong message that copyright law does not authorize thoughtless censorship of lawful speech.
RIAA:
We respectfully disagree with the court’s conclusion about the D.M.C.A. and the burden the court places upon copyright holders before sending takedown notices.
Four-match suspension vacated
U.S. District Judge Berman vacates NFL Commissioner Roger Goodell’s decision in July to uphold Brady’s four-game suspension over his alleged role in a scheme to deflate footballs used during a January playoff victory. Berman found Goodell’s ruling was plagued by “several significant legal deficiencies,” including a failure to notify Brady beforehand that his alleged conduct could be punished by suspension. The NFL can appeal the decision. Berman:
The court finds that Brady had no notice that he could receive a four-game suspension for general awareness of ball deflation by others or participation in any scheme to deflate footballs.
Orders separate trials
Williams orders separate trials for the defendants. He rejects a prosecution motion that Officer Goodson, the van driver; Officer Nero, who had helped arrest Gray; and Sergeant White, who was an on-duty supervisor, should be tried together and the other three separately.
Having Officers Goodson and Nero together is not in the interest of justice.
Charges stand
The defense motion for the charges to be dropped is denied by Circuit Court Judge Williams. Defense attorneys had sought to drop the charges because of prosecutorial misconduct on the part of State’s Attorney Marilyn Mosby. said that while he was “troubled” by some of the comments Mosby made during a May 1 news conference, they did not compromise the defendants’ right to a fair trial. The judge also deniess a motion to recuse Mosby and her staff due to what defense attorneys characterized as conflicts of interest.
Convicted for sex offenses
A jury of nine men and three women takes eight hours to clear Labrie of rape but convicts him of three misdemeanors: sexual assault, using a computer to lure a minor for sex, and child endangerment. As part of a hazing tradition, Labrie was accused of forcing himself on a 15-year-old freshman girl in a mechanical room at St. Paul’s School two days before he graduated last year. Labrie, who was bound for Harvard and planned to take divinity classes before his arrest put everything on hold, could get up to 11 years in prison. He also must register as a sex offender for the rest of his life. He weeps upon hearing the verdict. His mother sobs. His accuser appears stoic and huddles with members of her family in the courtroom. Prosecutor say they they are satisfied with the verdicts and that they “vindicate the victim.” A spokesperson for the girl:
[She is] leaving with her head held high. It was a step in the right direction.
The girl’s parents:
We still feel betrayed that St. Paul’s School allowed and fostered a toxic culture that left our daughter and other students at risk to sexual violence. We trusted the school to protect her, and it failed us.
Defense attorneys:
Owen’s future is forever changed. The sex convictions will be like a brand, a tattoo that he will bear for life.
Injunction lifted
Los Angeles Superior Court Judge O’Donnell rescinds her restraining order barring CMP from releasing any videos showing current or former StemExpress employees, saying CMP has First Amendment rights to release videos it covertly took of StemExpress executives talking about buying aborted baby tissue from Planned Parenthood. However she says that, even though they cannot be prevented from releasing the video, it is likely that StemExpress will prevail in its lawsuit claiming its privacy was violated.
Must remove links to stories about removing links
The UK’s Information Commissioner’s Office (ICO) orders Google to remove nine links from its search results that point to news stories reporting on earlier removals of links from its search results. The links relate to a criminal offence that were removed by Google following a request from the individual concerned. According to the ICO, Google argued the articles were an essential part of a recent news story relating to a matter of significant public importance. Despite the ICo recognizing recognises that journalistic content relating to decisions to delist search results may be newsworthy and in the public interest they say the news stories have “an unwarranted and negative impact on the individual’s privacy and is a breach of the Data Protection Act,” and that they must be removed. Google has 35 days to comply.
$6 million for tuna oven death
Prosecutors say Bumble Bee Foods must pay $6 million in the 2012 death of an employee who was cooked in an industrial oven with tons of tuna — the biggest settlement ever in a California for workplace safety violations involving a single victim.Jose Melena, 62, died three years ago in a 35-foot long, 270-degree oven at the seafood company’s Santa Fe Springs, California. Melena was making repairs inside the pressure cooker, when a co-worker mistakenly believed he was in the bathroom and filled a pressure cooker with six tons of canned tuna, closed the doors and then turned it on. Melena’s family will receive $1.5 million under the settlement. It does not prevent them from also suing the company or receiving workers’ compensation funds. Bumble Bee will be plead guilty to a misdemeanor of willfully failing to have an effective safety program in January 2017 if it completes several safety measures that include upgrading ovens so workers don’t get trapped inside and providing worker training. In addition, the district attorney’s Environmental Enforcement Fund will get $750,000 from Bumble Bee and the food firm will also will pay $750,000 in combined fines.
We will never forget the unfathomable loss of our colleague Jose Melena and we are committed to ensuring that employee safety remains a top priority at all our facilities.
Must testify
Cosby is ordered to give a sworn deposition to Allred, regarding Huth’s claims that he sexually abused her when she was 15 years old at the Playboy Mansion in Los Angeles. Cosby will testify on 9 October, Huth will answer questions from Cosby’s lawyers on 15 October. Cosby’s lawyers had sought to compel Huth to give her deposition before the comedian, but the judge says Cosby should go first. Allred:
We are pleased that we will now be able to move ahead without further delay on Ms. Huth’s case, and we look forward to taking Mr. Cosby’s deposition.
Court issues restraining order
The Los Angeles Superior Court issues a temporary restraining order prohibiting the Center for Medical Progress from releasing any video of three high-ranking StemExpress officials. Planned Parenthood provides StemExpress with fetal tissue. Center for Medical Progress leader:
StemExpress was using meritless litigation to cover up an illegal baby parts trade. The Center for Medical Progress follows all applicable laws in the course of our investigative journalism work.
A spokesman for StemExpress is:
grateful its rights have been vindicated in a court of law.
NY rejects custody case
New York court rules it has no jurisdiction in Rutherford’s custody case against Giersch. Rutherford’s lawyer:
New York said it had no jurisdiction because, it said, California had jurisdiction – which is silly – but it is what it is. The ugly story behind the story is that family courts do not always protect children because they only deal with children’s ‘best interests’ and interests are not enforceable as ‘rights. By contrast, higher-level courts enforce real rights, so we are hopeful because we can focus solely on the children’s absolute rights as citizens to reside in their own country.
Fixing charges dropped
Three players of Rajasthan Royals gets relief on spot fixing charges. Sreesanth breaks down and cries in relief.
My daughter will be so happy and I am very relieved my innocence is proven.
$2 million punitive damages
A New York City jury orders 50 Cent to pay an additional $2 million in punitive damages for posting a sex tape of Leviston online. This payment is in addition to the $5 million that the jury previously found he should pay. His attorney:
Although we appreciate the jury’s service, we are disappointed in the result. Our client intends to file post-verdict, pre-judgment motions which we believe should reduce the size of the award. Ultimately, the fate of any obligation to pay a final judgment will be determined by the bankruptcy court,
Forced to testify
The California Supreme Court denies Cosby’s petition to review Huth’s suit, which means the civil suit can continue to the trial phase. Huth claims that Cosby sexually assaulted her at the Playboy Mansion in 1974 when she was 15 years old. Cosby’s attorneys had sought dismissal of Huth’s lawsuit on procedural grounds, arguing that she lacked required certification from a mental health professional to support her claims, and claiming she sued him only after failing to extort money from him to buy her silence. Her case is the only one of four that are seeking damages for sexual misconduct — the other three are for defamation. Allred says she will take Cosby’s deposition under oath within the next 30 days, and videotape it:
We are looking forward to Mr. Cosby answering questions under oath at his deposition. It’s a very big victory.
Must hand over NY user info
A state appeals court says Facebook cannot challenge search warrants used by New York prosecutors in 2013 to get information from the site on hundreds of users suspected of Social Security fraud, including police officers and firefighters who allegedly feigned illness in the wake of the Sept. 11, 2001 attacks. The court rules the warrants can only be challenged by the individual defendants. Prosecutors said Facebook pages showed public employees who claimed to be disabled riding jet skis, playing golf and participating in martial arts events. Prosecutors have secured nearly $25 million from people who were targets in the probe. DA spokesperson:
In many cases, evidence on their Facebook accounts directly contradicted the lies the defendants told to the Social Security Administration.
Facebook is considering an appeal.
Guilty verdict
The jury find Holmes guilty in 165 charges in the deaths of 12 people at the Aurora theater. In closing statements the prosecution argues against Holmes’ insanity defense:
That is logical. That is rational, and that is anything — anything — but psychotic. That guy was sane beyond a reasonable doubt, and he needs to be held accountable for what he did.
The jury deliberates for 13 hours over two days before rejecting pleas from defense lawyers that Holmes had a severe mental illness and was not legally responsible for his actions. As Judge Samour reads the 165 counts against Holmes, the defendant stands silently between his lawyers, staring straight ahead, with his hands tucked into his pants.
Holmes’ family speak of bias against their son.
We do not know how many victims of the theater shooting would like to see our son killed. But we are aware of people’s sentiments. We have read postings on the Internet that have likened him to a monster. He is not a monster. He is a human being gripped by a severe mental illness.
The district attorney in suburban Arapahoe County is seeking the death penalty, and the jury will begin weighing the toll and nature of Mr. Holmes’s actions to decide whether to send him to prison for life or to Colorado’s death row.Smour
Found guilty
Holmes is found guilty for his actions in the 2012 shooting which killed 12 people and injured 70. A jury deliberates for 13 hours over two days before rejecting pleas from defense lawyers that Holmes had a severe mental illness and was not legally responsible for his actions. As Judge Samour reads the 165 counts against Holmes, the defendant stands silently between his lawyers, staring straight ahead, with his hands tucked into his pants.
The district attorney in suburban Arapahoe County is seeking the death penalty, and the jury will begin weighing the toll and nature of Mr. Holmes’s actions to decide whether to send him to prison for life or to Colorado’s death row.
Found guilty
Groening is convicted of being an accessory to the murder of 300,000 people in Auschwitz. He is sentenced to four years in jail, beyond the three year sentence sought by the prosecution. World Jewish Congress President Lauder:
Mr Groening was only a small cog in the Nazi death machine, but without the actions of people like him, the mass murder of millions of Jews and others would not have been possible.
Judgement
A jury orders the rapper to pay $5 million to Leviston for allegedly posting a video of her and her boyfriend online without their permission. The video supposedly features a wig-wearing 50 Cent as a commentator named Pimpin’ Curly who makes explicit remarks about Leviston and calling her a porn star. The star’s attorney:
[We are] disappointed in the verdict but very appreciative of the service of the jury and the court.