August is Space Law Month at the Harris County Law Library. Visit the library all month long to view our Space Law exhibit, which is currently on display in the library lobby. The exhibit features a variety of primary source materials, including NASA's founding legislation, a Texas regulation on voting from outer space, the Outer Space Treaty which was signed by more than 100 countries, and Title 14: Aeronautics and Space of the Code of Federal Regulations. Also featured is a stunning full-color poster, pictured here, which you can download from NASA's Jet Propulsion Laboratory Website. For more information about the exhibit, please visit the Law Library's Events page.
Latest & Greatest – The 2016 Solo and Small Firm Legal Technology Guide
By Sharon D. Nelson, John W. Simek, and Michael C. Maschke
Published by American Bar Association Law Practice Division (2016)
KF 320 .A9 N457 2016
To kick off ABA Resources Month, we are featuring one of the ABA’s annually-updated books, The 2016 Solo and Small Firm Legal Technology Guide. Simply because you are a small firm or solo attorney, you are not insulated from the technological advances that are happening around you. In fact, the ABA’s Model Rules of Professional Conduct mandate that a lawyer should be competent with relevant technology. Keeping up with technology seems like a cost-prohibitive and daunting task, but the folks at the Law Practice Division of the ABA have made it easier for you with their 2016 Guide. The Guide offers information and recommendations to allow attorneys to find the technological equipment that will give them the most bang for their buck. From hardware to software to smartphones and anything else in between, the Guide takes the guesswork out of purchasing the computer equipment that is most appropriate for your office and business. Not sure which type of case management software is right for you? Turn to Chapter Fourteen to find descriptions of the offerings available. Chapter Fifteen will help you decide which time and billing software is right for you. Confused by cloud computing? Check out Chapter Nineteen for an explanation and some considerations. Want to know more? Come to the Harris County Law Library and look for The 2016 Solo and Small Firm Legal Technology Guide in our ABA Resources display or ask for it at the reference desk.
ABA Resource Month @ HCLL
A Tale of Two Amys: Ice Cream Trademarks Under Dispute
In celebration of National Ice Cream Month, the Harris County Law Library would like to spotlight an ice cream dispute involving one of our capital city’s favorite desserts. In the summer of 2013 Austin-based Amy’s Ice Creams, Inc. filed suit for trademark infringement and related claims against Amy’s Kitchen, Inc., a manufacturer of frozen vegetarian and vegan foods sold in grocery stores across the United States.
Prior to the suit Amy’s Ice Creams filed a federal trademark application for its mark on t-shirts, catering, and “restaurant services featuring: ice cream, fruit ice, candy, chocolates and beverages.” Amy’s Kitchen opposed the application, having begun its own expansion into the cold treats business with a line of “non-dairy frozen desserts.” Applications by Amy’s Kitchen to trademark its mark for cookies and candy bars were then in turn opposed by Amy’s Ice Creams. When discussions between the parties failed to bring about a resolution, Amy’s Ice Creams sued.
Anyone with doubts about the prudence of fighting a protracted legal battle over the name “Amy” will be happy to learn that both “Amy’s” eventually came to the same conclusion. In Amy's Ice Creams, Inc. v. Amy's Kitchen, Inc., 60 F.Supp.3d 738 (2014) the court, inter alia, granted Amy’s Kitchen’s motion for summary judgment on Amy’s Ice Creams’ unjust enrichment claim, denied Amy’s Kitchen’s other motions for summary judgment, and denied Amy’s Ice Creams’ motions for summary judgment. In other words, for either party to obtain relief through the courts, a full (and likely expensive) trial would be necessary. Both parties subsequently dismissed the lawsuit and Amy’s Ice Creams narrowed its food services trademark to “restaurant services featuring ice cream; catering.” It’s a winning scenario for everyone: The two companies no longer have to argue whether the name “Amy’s” is distinctive or has secondary meaning in Texas, and Texans are free to enjoy a greater variety of ice cream—both with and without dairy.
The Texas Public Information Act
As Harris County Law Library celebrates the 50th anniversary of the Freedom of Information Act (FOIA), it’s important to note that FOIA only applies to federal records. Information about Texas state governmental bodies may be requested under a different series of state laws known as The Texas Public Information Act (PIA). Formerly known as the Texas Open Records Act, PIA was enacted in 1973 in the wake of a series of high-profile government scandals. The text of the statute may be read at Texas Government Code, Chapter 552. Its opening section at 552.001 contains a powerful statement of principle:
The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.
Information on submitting a PIA request can be found on the Harris County website. For requests to the Office of the Harris County Attorney or complaints regarding a failure to release public information, please visit the website of the Harris County Attorney’s Office.