Death Penalty Opponents Should Rethink Their Support for Life Without Parole Sentences

AUSTIN SARAT

Austin Sarat—Associate Provost and Associate Dean of the Faculty and Professor of Jurisprudence & Political Science at Amherst College—argues that life sentences without the possibility of parole (LWOP) are as problematic and damaging as the death penalty. For this reason, Professor Sarat calls upon death penalty opponents to reconsider their support for LWOP sentences.

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The Ohio State University v. Redbubble, Inc.

Court: US Court of Appeals for the Sixth Circuit

Docket: 19-3388

Opinion Date: February 25, 2021

Judge: Nalbandian

Areas of Law: Business Law, Commercial Law, Intellectual Property, Internet Law, Trademark

Redbubble operates a global online marketplace. Around 600,000 independent artists, not employed by Redbubble, upload images onto Redbubble’s interface. Consumers scroll through those images and order customized items. Once a consumer places an order, Redbubble notifies the artist and arranges the manufacturing and shipping of the product with independent third parties. Redbubble never takes title to any product shown on its website and does not design, manufacture, or handle these products. The shipped packages bear Redbubble's logo. Redbubble handles customer service, including returns. Redbubble markets goods listed on its website as Redbubble products; for instance, it provides instructions on how to care for “Redbubble garments.” Customers often receive goods from Redbubble’s marketplace in Redbubble packaging. Some of Redbubble’s artists uploaded trademark-infringing images that appeared on Redbubble’s website; consumers paid Redbubble to receive products bearing images trademarked by OSU. Redbubble’s user agreement states that trademark holders, and not Redbubble, bear the burden of monitoring and redressing trademark violations. Redbubble did not remove the offending products from its website. OSU sued, alleging trademark infringement, counterfeiting, and unfair competition under the Lanham Act, and Ohio’s right-of-publicity law. The district court granted Redbubble summary judgment. The Sixth Circuit reversed. Redbubble’s marketplace involves creating Redbubble products and garments that would not have existed but for Redbubble’s enterprise. The district court erred by entering summary judgment under an overly narrow reading of the Lanham Act.

LHO Chicago River, L.L.C. v. Rosemoor Suites, LLC

Court: US Court of Appeals for the Seventh Circuit

Docket: 20-2506

Opinion Date: February 19, 2021

Judge: KANNE

Areas of Law: Intellectual Property, Legal Ethics, Trademark

LHO owns a downtown hotel that it rebranded as “Hotel Chicago” in 2014. In 2016, Rosemoor renamed its existing westside hotel as “Hotel Chicago.” LHO sued Rosemoor for trademark infringement and unfair competition under the Lanham Act and for deceptive advertising and common-law trademark violations under Illinois law. The district court denied preliminary injunctive relief, finding that “LHO has failed, at this juncture, to show that it is likely to succeed in proving secondary meaning" and was unlikely to show that “Hotel Chicago” was a protectable trademark. LHO appealed but successfully moved to voluntarily dismiss its claims with prejudice before briefing. Rosemoor requested more than $500,000 in attorney fees, arguing that the case qualified as “exceptional.” The district court denied the request under the Seventh Circuit's “abuse-of-process” standard. The Seventh Circuit held that the district court should have evaluated Rosemoor’s attorney-fee request under the Supreme Court’s “Octane Fitness” holding. On remand, Rosemoor filed a renewed request for more than $630,000 in fees, arguing that the weakness of LHO’s position on the merits, LHO’s motives in bringing suit, and its conduct in discovery, made the case exceptional under Octane Fitness. The Seventh Circuit affirmed the denial of the request. The district court applied the Octane Fitness standard and reasonably exercised its discretion in weighing the evidence before it.

Ritter v. Farrow

Court: Wisconsin Supreme Court

Docket: 2018AP001518

Opinion Date: February 23, 2021

Judge: Karofsky

Areas of Law: Trademark

In this case disputing the ownership of a pair of red bib overalls with a handkerchief hanging out the back pocket and the ownership of the names "Bibs Resort" and "Bibs" the Supreme Court reversed the summary judgment in favor of Ted and Carolyn Ritter and Bibs Resort Condominium, Inc. (the Association), holding that the circuit court did not apply the well-settled principles surrounding trademarks and trade names. Tony and Arlyce Farrow claimed they assumed ownership of the Bibs Resort marks when they purchased the Ritters' resort management business and that the Ritters subsequently infringed on those marks. The circuit court granted summary judgment in favor of the Ritters and the Association. The court of appeals affirmed. The Supreme Court reversed, holding that, as a matter of law, the Farrows became the exclusive owner of the Bibs Resort marks when they purchased the resort management business from the Ritters.