Monday, September 15, 2008

Double D's

Oh how I love law school more and more everyday. Even more is my appreciation for intellectual property cases. I thought Torts was cool. IP law trumps it hands down. Ranging from Old Glory Condom Co. to Big Pecker Brand t-shirts to Pussycat Cinema, this single area of law has more porno references than the internet could ever dream about delivering to your computer screen. As I was reading this trademark infringement case concerning Jeff Foxworthy and his "You might be a redneck if..." phrase, I stumbled across a reference to a Debbie Does Dallas case (you know the classic porno title...don't act like you've never heard of it). Go watch it if you don't know what I'm talking about. Just make sure you put the kids to bed first.

In the Pussycat Cinema case, the Dallas Cowboy Cheerleaders sued the makers of the Debbie Does Dallas film for trademark infringement. The Cheerleaders sought to enjoin the filmmaker from selling any copies of the film. The lower court issued a preliminary injunction which was affirmed by the appellate court preventing the distribution of the film. This was only a preliminary injunction until the merits of the case could be decided. Specifically at issue was whether the outfits worn in the flick would confuse the viewer into associating the porn star with members of the Cheerleading squad. The Cheerleaders claimed injuries of possible irreparable harm if the film was allowed to be distributed.

I'm not sure how the merits were ultimately decided, but I'm assuming the porno company eventually won. After all, the film is quite famous. It wouldn't have achieved such status without distribution.

See, isn't law school exciting. While some people are solving math problems, judges and attorneys are viewing porno flicks to settle infringement issues. Now tell me who has the more exciting job.

No comments: