Posts tagged with "governor"

Lil Nas X 'Satan Sneaker' illustration by Heather Skovlund for 360 Magazine

NIKE vs MSCHF

Nike has filed a federal trademark infringement lawsuit against MSCHF shoes that released a controversial customized version of its sneakers “Satan Shoes” with rapper Lil Nas X. In the lawsuit filed today, Nike accused MSCHF Product Studio, Inc. of trademark infringement over the designer’s 666 pairs of modified Nike sneakers made in collaboration with the “Old Town Road” singer. All 666 pairs sold out Monday.

Fara Sunderji is a partner at the international law firm Dorsey & Whitney in its New York office. Sunderji has extensive expertise in all stages of trademark, copyright, clearance, prosecution, maintenance, enforcement, and litigation. Of the lawsuit she says, 

“Nike’s swoosh is probably one of the most recognizable non-word trademarks in the world.  You see it and you automatically think of Nike as the source of the good on which it appears.  This is how trademarks are supposed to operate, as a source identified.  Nike’s case here is pretty simple to understand:  MSCHF is selling Nike Air Max 97’s that have been modified in a way in which Nike does not approve.  People see these “Satan Shoes” and think they come from Nike and some people don’t like that.  Nike, therefore, claims that the release of these “Santa Shoes” is harming its valuable brand,” Sunderji says. 

“MSCHF will likely argue that they are protected under a theory called the First Sale Doctrine, which allows third parties to resell trademarked goods that have already entered the marketplace.  But the doctrine is limited to the sale of genuine goods.  The doctrine is based on the premise that consumers are not being deceived because they are receiving what they have bargained for, the trademarked good. Under Second Circuit case law, goods are not genuine if they do not conform to the brand owner’s quality control standards, and it is easy to guess Nike’s take on this issue – Just don’t do it,” Sunderji says. 

According to NBC News, the lawsuit states “We don’t have any further details to share on pending legal matters,” Nike said. “However, we can tell you we do not have a relationship with Lil Nas X or MSCHF.”

Trademark attorney Josh Gerben of Gerben Perrott PLLC stated to CNN Business that “It’s a legal rationale that grants artists who purchase and repurpose individual copyrighted products the ability to express and profit off their own creativity.”. He also pointed out Nike shoe redesigners like MSCHF commonly sell their work on online marketplaces. “You’ve got all kinds of artists that go out there and they take a shoe, and they’ll do a whole bunch of custom art on the shoe and maybe resell it for $1,000-3,000,” Gerben said. “This is something Nike is well aware of and has done absolutely nothing to mess with because there’s a sneaker culture here.”

Lil Nas X isn’t named as a party in the lawsuit. Representatives for the musician did not respond to calls or emails requesting comment.

The backlash from social media is incredible with thousands of people expressing their opinions with the shoes and the representation they bring:

  •  South Dakota Governor Kristi Noem tweeted “Our kids are being told that this kind of product, is not only okay, it’s “exclusive.” But do you know what’s more exclusive? Their God-given eternal soul. We are in a fight for the soul of our nation. We need to fight hard. And we need to fight smart. We have to win.”.
  • NBA star Nick Young tweeted “My kids will never play Old Town Road again… I’m still debating about wearing Nike after this come Nike a drop of blood for real”.
  • On Instagram, celebrity musician Miley Cyrus shares a photo proudly wearing the controversial sneakers, captioning the post “Can you see Satan?”.

The controversial ‘Satan Shoes’ were strategically dropped after the release of Lil Nas X’s music video for “Montero (Call Me By Your Name)”, which has already been viewed more than 54 million times.

Lil Nas X took to Twitter in his true fashion posting “I spent my entire teenage years hating myself because of the shit y’all preached would happen to me because I was gay. So I hope u are mad, stay mad, feel the same anger you teach us to have towards ourselves.”

False Light by Eric Dezenhall for use by 360 Magazine

False Light Author on Cuomo Scandal

New York Governor May Not Weather This Long-Term

Eric Dezenhall, noted D.C. crisis management expert and author of the new novel False Lightpublished a column in RealClearPolitics Tuesday, offering insight into the ongoing scandal surrounding New York Gov. Andrew Cuomo. Cuomo has been hit with two scandals in the last few weeks regarding COVID deaths inside nursing homes and multiple women who have accused him of sexual harassment.

“On the timing side, Cuomo was puffed up during the early stages of the COVID pandemic not for his charm, but because he provided a seemingly cogent and competent foil to President Donald Trump’s colossal buffoonery in the face of the crisis,” Mr. Dezenhall wrote.

But now that Trump is out of office, he continued, “the rifle scope must go somewhere,” in this case the women who have alleged at inappropriate behavior from Cuomo. This has led to the media that spent much of the last year praising Cuomo to quickly turn on him, exacerbating the already damning scandal regarding the nursing homes. Between COVID and the allegations, Mr. Dezenhall wrote that the governor may not be able to endure a drawn out firestorm.

“If I were to make a prediction, it would be that Cuomo doesn’t weather this one long-term. The people of New York are in a terrible mood and very few constituencies have a vested interest in keeping him,” Mr. Dezenhall wrote. “He’s been in office for more than a decade now.  And in an age when progressives are confronting the consequences of a movement they initiated, Cuomo’s alleged behavior is a hard cause to rally behind.”

False Light, Mr. Dezenhall’s latest novel, creates a fictional storyline that seems all too real, giving readers a thrilling account of the tumultuous events surrounding a public figure’s sexual assault allegations and a path to justice for “the little man.”

 

ICYMI: Amended Lawsuit Alleges NJ Governor Allowed Institutional Racism

Blueprint Capital Advisors (Blueprint), the only Black asset manager in the state of New Jersey by and through its undersigned counsel, Brown Rudnick, LLP and the Constitutional Litigation Advocacy Group, P.C., today filed an amended complaint directly against New Jersey Governor Phil Murphy and senior members of his administration charging blatant, aggressive, and unapologetic racist abuse from the State of New Jersey and seeking injunctive relief for his failure to address the maltreatment.

The amended complaint adds federal racketeering claims against former and current employees of New Jersey’s Division of Investment (DOI) on quid pro quo schemes, entrenched corruption and malfeasance, where external investments were granted to firms on the basis of racial preference using discriminatory practices and policies and in multiple instances Black-owned firms like Blueprint had their intellectual property stolen and provided to larger firms thereby unjustly enriching the firms and individuals who participated in the schemes.

In the amended complaint, the Plaintiff Blueprint seeks declaratory, injunctive and equitable relief, as well as monetary damages, to redress Governor Murphy and the DOI’s violations of 42 U.S.C. § 1981 (“Section 1981”), 42 U.S.C. § 1983 (“Section 1983”), New Jersey Civil Rights Act, racketeering in violation of 18 U.S.C.§ 1962 and N.J.S.A. 2C:41-2, violation of the Fifth Amendment Takings Clause, breaches of contract, fiduciary duty, duty of confidentiality, as well as claims for unfair competition, civil conspiracy, fraud, commercial disparagement, tortious interference with prospective economic advantage, aiding and abetting racketeering, and aiding and abetting fraud.

Blueprint filed its original complaint against the State of New Jersey on June 23, 2020 for racial bias, and also sued BlackRock and Cliffwater LLC for profiting from Blueprint’s proprietary investment program. On September 30, 2020 Blueprint announced that attorneys Michael J. Bowe of Brown Rudnick and Jay Sekulow of Constitutional Litigation and Advocacy Group (CLAG) would join Blueprint’s legal efforts against New Jersey Gov. Phil Murphy’s Department of the Treasury, Division of Investment (DOI), BlackRock Alternative Advisors, and Cliffwater LLC for racial discrimination, fraud and retaliation.  CLAG has been intensely focused on New Jersey’s refusal to comply with the New Jersey Open Records Act and release public information Blueprint believes demonstrates the racial animus and bias that has characterized its relationship with the DOI and underlies their refusal to provide opportunities for other Black-owned firms.

“A Black-owned firm with an innovative solution to New Jersey’s pension fund crisis, was shamefully exploited by the DOI’s entrenched “old-boys” network of political patronage and Wall Street money,” said attorney Michael Bowe. “But, this is not only a case about a past abuse, it is a case about a wrong that continues today, and will continue every day Governor Murphy does nothing. Governor Murphy and his administration shouldn’t say another word about what they are doing about systemic injustice before they address this injustice they are themselves perpetuating. Our 100- page detailed complaint speaks for itself and Governor Murphy should fix this before a Federal court does.”

“Governor Phil Murphy frequently cites with dishonest pride the diversity of his state, his cabinet and the state Democratic Party yet, over the last four years, began working with the DOI and the Assistant Treasurer to attack Jacob Walthour, Jr. after he publicly reported Blueprint’s abuse to, and sought the support of, the African-American community and its religious and political leaders,” said Pastor David Jefferson, Senior Pastor, Metropolitan Baptist Church and board member of National Action Network. “This is a necessary legal fight against Governor Murphy and the DOI to put a stop to exclusionary policies and practices that hurt certain groups and hold all parties who preclude fair and equal access to opportunities accountable.”

“While Blueprint is forging new paths in the financial service sector, they should not have to contend with systemic and systematic racism from Governor Murphy and his administration,” said attorney Jay Sekulow. “Racial and economic justice is everyone’s fight and anti-racism is not only bi-partisan, it transcends politics. This landmark case is about affording equal access and exposing the veil of inequality that exists in the asset management and financial services sector for Black Americans in New Jersey and this country.”

Cityscape illustration by Mina Tocalini

NYC in Phase 4

By Eamonn Burke

While the better half of the country is riddled with a massive spike in coronavirus cases, New York City is in the fourth and final phase of reopening, an achievement that governor Andrew Cuomo calls a “hallmark.”

Phase 4 means that sports can resume, as can the entertainment industry. Venues like zoos and gardens can open at 33% capacity. People will also be able to visit popular attractions like the Statue of Liberty and the Empire State Building. These developments come as the U.S hits 4 million coronavirus cases and adds 1 million new cases in just 15 days, mostly coming from southern and western states.

Officials are not overstepping bounds however, careful to remain cautious after seeing the negative effects of early reopening in other states. “I want all New Yorkers to be on high alert,” said Cuomo on Friday, warning of the second wave coming. Indoor dining is still prohibited in the city, and malls, movies theatres, and museums remain closed. Perhaps most impactful is Mayor De Blasio’s statement that schools will not fully reopen. He says the decision will be made in September. He plans for a hybrid open, but the teachers union is prepared for a legal fight if schools are forced to reopen unsafely.

Sara Sandman, Black Lives Matter, illustration, 360 magazine, protest, rebellion, looters, riot, civil rights, human rights

BLM Mural Vandalized Again

By Eamonn Burke

Two women have been arrested in connection with vandalization of the Black Lives Matter mural outside the Trump Tower, the second time in the last 24 hours and the third time in the last week.

The women smeared black paint on a newly painted yellow mural after it was attacked on Friday, an incident which involved 10 people with blue paint. Red paint was used on Monday in another defacement.

A shirt worn by one of the women read “All Lives Matter” and claimed that the mural should read the same. Video captures her yelling “Refund the Police” as she was being arrested. Meanwhile, others witnessing the scene chanted in the opposing favor of their actions. Mayor of NYC Bill De Blasio called it a “nice try” in a tweet, and said that the movement can not be undone. Trump, however, has repeatedly called the mural a “symbol of hate.” Fellow Democrats such as Hank Newsome, leader of the BLM movement, and New York governor Andrew Cuomo are less extreme, but are also not entirely in favor of the mural.

“I like this project because it annoys Trump, but we don’t need de Blasio to sign streets. We need him to sign legislation,” said Newsome, expressing sentiments that the governor agreed with.

The women were charged with criminal mischief and released with an appearance ticket.

banging gavel illustration

Georgia Governor Sues Atlanta Mayor

By Eamonn Burke

Amidst a large spike in Covid-19 cases across the United States, the governor of Georgia has sued the mayor of Atlanta, a hotspot for the virus. The lawsuit, filed yesterday, is filed against the mayor for mandating strict health measures, meaning masks. Governor Brian Kemp (R) claims that the mayor’s “disastrous policies threaten the lives and livelihood of our citizens.” Mayor Keisha Lance Bottoms (D), accepted the decision, saying “We’ll see him in court.” She also suggested that the governor had crossed a line with this challenge.

This comes as Georgia’s cases and deaths are rising, reaching numbers that the state has not yet seen since the pandemic began. It is evidence of a growing political polarization surrounding masks and other Covid-related health measures. Governor Kemp claims legal authority to set state-wide measures, while Mayor Bottoms defends her actions as following the course recommended by health experts.

The two also disagree on re-opening measures, as Kemp opened Georgia before any other state, when even President Trump thought it was “too soon.” Mayor Bottoms, however, is pushing for Georgia to return to phase one of re-opening. Kemp dismissed it as a “recommendation”, and extended his own executive order to overrule any local mandates for masks.

“While we all agree that wearing a mask is effective, I’m confident that Georgians don’t need a mandate to do the right thing,” the governor said at a news conference yesterday.

Influential Women at Wellesley

This January, Wellesley College will host several of the world’s most influential women, including Sally Yates, Wendy Sherman, Andrea Mitchell, Katharine H.S. Moon, and Madeleine Albright herself, as part of the Madeleine Korbel Albright Institute for Global Affairs ninth annual Wintersession, a three-week intensive program at Wellesley that educates the next generation of women leaders.

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 Highlighted Events

●      On January 8, from 10:45 a.m. to 12 p.m., the Albright Institute welcomes Sally Yates, former U.S. Deputy Attorney General (2015-2017). Yates will present a keynote talk, “Principles Not Policy: Essential Norms in Preserving the Rule of Law,” exploring the vital role of trust in creating stable and just societies. This event will be available via livestream.

●      On January 16, from 2 to 3:30 p.m., a group of North Korea experts will present “Beyond the Headlines: Understanding Korea,” led by Katharine Moon, Edith Stix Wasserman Professor of Asian Studies at Wellesley and nonresident senior fellow with Brookings. This event will be available via livestream.

●      On January 24, beginning at approximately 6:40 p.m., Secretary Albright will present a dinner dialogue entitled “In the Balance: Setting a Course to Restore Democratic Principles” with Wendy R. Sherman, senior counselor at Albright Stonebridge Group and former U.S. Undersecretary of State for Political Affairs (2011 to 2015). This event will be available via livestream.

●      On the final day of Wintersession, January 25, Secretary Albright will join Andrea Mitchell of NBC News speaking at the closing ceremony for Albright Fellows. This event will not be livestreamed. 

About the Albright Institute Wintersession

This year’s Albright Institute Wintersession will educate a cohort of 48 Wellesley student fellows representing 18 countries, 18 U.S. states, and 26 majors. Following two weeks of classes and panels led by prominent speakers, the fellows spend the final week of the program working together in interdisciplinary groups to develop solutions that address a critical world issue. This year’s theme is “Harnessing the Power of Technology: Navigating Truth and Trust in a World Transformed.”

“The Albright Institute is educating the next generation of global leaders—with its interdisciplinary, experiential approach to learning and its expert faculty, talented students, and the powerful and influential women leaders it brings to Wellesley’s campus, including former Secretary of State Madeleine K. Albright, Wellesley Class of 1959,” said Wellesley College President Paula A. Johnson. “The global problems we face—including threats to democracy, climate change, and poverty and income inequality—are increasingly complex and fraught, with the potential for worldwide repercussions. The Albright Institute is preparing its students to meet tomorrow’s challenges head on, and the world has never needed them more.”

More on Albright Institute Featured Speakers

Sally Yates, a 27-year veteran of the U.S. Department of Justice, spent more than two decades as a federal prosecutor in Georgia and was appointed U.S. Deputy Attorney General in 2015 by President Barack Obama. She was named acting U.S. Attorney General in January 2017 and served in that position for just 10 days before being fired for defying the Trump administration’s controversial travel ban—an executive order temporarily halting entrance to the United States from seven predominantly Muslim countries. Yates’s talk, “Principles Not Policy: Essential Norms in Preserving the Rule of Law,” will be moderated Lawrence A. Rosenwald, Anne Pierce Rogers Professor of American Literature, professor of English, and co-director of the Peace and Justice Studies program at Wellesley. The talk will be followed by a lunch with the fellows, who will have an opportunity to converse with Yates directly.

Albright Institute Director Joanne Murray said, “No one represents the mission of the Albright Institute better than Sally Yates—cultivating in fellows the habits of principled clarity, bold service, and courageous action to shape a better world.”

During her time as undersecretary of state, Wendy Sherman was the lead U.S. negotiator in the landmark nuclear agreement with Iran. For this and other diplomatic accomplishments, Sherman was awarded the National Security Medal by President Obama. According to Murray, Sherman “demonstrated the ability to bring opposing countries to consensus and to forge trust. She will share what deliberative negotiating means as Albright Fellows sort through potential policy solutions to the problems posed to them.”

The January 16 panel led by Professor Katharine H.S. Moon, “Beyond the Headlines: Understanding Korea,” will feature three panelists: Jieun Baek, a Ph.D. candidate in public policy at the University of Oxford, former research fellow at the Belfer Center for Science and International Affairs at Harvard, and author of North Korea’s Hidden Revolution: How the Information Underground is Transforming a Closed SocietyMelissa Hanham, senior research associate in the East Asia Nonproliferation Program; and a third panelist, who works on a variety of causes related to human rights issues, including rights for North Korean defectors in South Korea.

In addition to Yates, Sherman, and these experts, this year’s program will feature an array of other distinguished individuals, including Anne Richard, U.S. assistant secretary of state for population, refugees, and migration from 2012 to 2017, and Jonathan Zittrain, George Bemis Professor of International Law at Harvard Law School and professor at the Harvard Kennedy School of Government, and faculty director of the Berkman Klein Center for Internet and Society.

About the Albright Institute

The Madeleine Korbel Albright Institute for Global Affairs at Wellesley College supports the College’s mission of educating students for leadership in an increasingly complex and interconnected global environment. The program combines the intellectual resources of faculty from Wellesley, researchers from the Wellesley Centers for Women, and leading alumnae and other practitioners and policy makers in the fields of international relations and public policy.

About Wellesley College

Since 1875, Wellesley College has been a leader in providing an excellent liberal arts education for women who will make a difference in the world. Its 500-acre campus near Boston is home to 2,400 undergraduate students from all 50 states and 75 countries.

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First NYC Mayor Open Debate

** TUESDAY 7PM ON NY1: FIRST-EVER BOTTOM-UP MAYORAL OPEN DEBATE **

De Blasio, Malliotakis, & Dietl Face Off in First-Ever Mayoral Open Debate in NYC

Fresh Off Major Success in 2016 Presidential Debates, Open Debate Coalition Partners with NY1, Politico, Others for First-in-the-Nation Open Debate for Mayor

50% of Questions to be Chosen from Top Questions Submitted and Voted On By the Public at OpenDebateQuestions.com

Tuesday at 7pm on NY1 News, New York’s mayoral candidates will face off in the first-ever, bottom-up mayoral Open Debate. The October 10 debate will be between New York Mayor Bill de Blasio (D), Nicole Malliotakis (R), and Bo Dietl (I). Moderators will dedicate half of the 90-minute debate to top questions submitted and voted on by the public at the bottom-up platform, OpenDebateQuestions.com.
Over 33,000 votes have been cast on user-submitted questions. Some of the top questions cover issues like homelessness, housing issues, Vision Zero, police reform, and recycling.

Lilia Tamm Dixon, director of the Open Debate Coalition said: “The Open Debate Coalition is very excited to bring our bottom-up format to the local level after great success in having questions from the public included in presidential, governor, and senate debates in 2016. New York City will help us prove that Open Debates should be the new norm in American politics — inserting the will of the people more into races for President, Congress, Governor, Legislature, Mayor, and other offices.”

WHAT:

  • First bottom-up Open Debate ever held at the city level, for New York mayor.

WHO:

  • New York Mayor Bill de Blasio (D)
  • Nicole Malliotakis (R)
  • Bo Dietl (I)


WHEN:

  • 7pm ET, Tuesday, October 10


WHERE:

  • Symphony Space, 2537 Broadway, New York, NY 10025


LIVESTREAM:

  • Available at NY1.com.

The same platform will also be used to source questions from the public for next week’s public advocate and comptroller debates, on Oct. 16 and 17, respectively.
The cross-partisan Open Debate Coalition is partnering with NY1 News, Politico, WNYC, Citizens Union, Intelligence Squared, the Latino Leadership Institute, and Civic Hall on this historic project.

Question submission and voting is now open at OpenDebateQuestions.com and lasts through 12 noon on Monday, October 16, just before the public advocate debate. Anyone across the nation can submit and vote on questions. Only New York City votes will be counted when selecting the top 40 questions, but others nationwide can cast votes to impact which questions are trending on the site — influencing which questions voters see and vote on most.

The Open Debate Coalition made history last year when it was prominently credited as a source of questions in two presidential debates between Donald Trump and Hillary Clinton. After 3.6 million votes were cast online, ABC’s Martha Raddatz and Fox’s Chris Wallace cited the Open Debate Coalition by name during the live debates in front of their combined audience of more than 100 million people, and asked questions from the coalition’s voting platform. Open Debates for Senate and Governor were also held last year.

The cross-partisan Open Debate Coalition was formed during the 2008 election cycle, and includes Americans for Tax Reform, the Progressive Change Campaign Committee, FreedomWorks, MoveOn, Faith & Freedom Coalition, the National Organization of Women, Young Republicans, Young Democrats, craigslist founder Craig Newmark, Electronic Frontier Foundation President Cindy Cohn, Wikipedia founder Jimmy Wales, and many more (See full list of coalition members here).

Prominent national and local promotion of NYC Open Debate voting: