Legal News

He?s a Juuudge; With a Stee-eel Pen He Writes . . .

By Ashby Jones

Consider, for a moment, the plight of a federal judge. He (or she) works day after day — month upon month — in a world of gravity and seriousness. He’s a spectator to an endless parade, one comprised of shareholders (allegedly) stiffed; employees (allegedly) wronged; inventors (allegedly) ripped off and a whole lotta folks whose freedom is at stake.

So perhaps our federal gavelbangers can be forgiven for trying their hand at humor from time to time, even if such attempts elicit more groans than chuckles.

We’ll let you be the judge on this one. Last week, Philadelphia federal judge Michael Baylson recently wrote an opinion denying a motion made by rock star Jon Bon Jovi (nee Bongiovi). AFL Philadelphia, the company behind the Arena Football League team the Philadelphia Soul and partly owned by Bon Jovi, brought copyright and trademark infringement claims against Joseph Krause Jr., the team’s former sales manager. Krause brought counterclaims under the Lanham Act and for misappropriation of his name.

In his 29-page opinion, Baylson put on his fun hat. He squeeze four Bon Jovi song references into the opinion, alongside a gaggle of football references. Click here for the Philadelphia Intelligencer story.

Baylson noted that the Philadelphia Soul “rose in a ‘Blaze of Glory’ to win the 2008 national championship Arena Bowl, but was ‘Shot Through the Heart’ when its 2009 season was canceled by the League due to financial problems.”

The team and the league, Baylson said, “remain ‘Living on a Prayer’ that they will return in the 2010 season.”

But in the meantime, Baylson said, the Philadelphia Soul and a former employee “are trading accusations concerning the fallout of the season’s cancellation, in which they each experienced a taste of ‘Bad Medicine.’”

In refusing to dismiss Krause’s claim, Baylson refused, saying: “In the ‘first quarter’ of what will undoubtedly be a hard fought battle, this court will declare defendant the winner and deny plaintiffs’ motion.”

Sure, it didn’t split our sides, but it did make us smile, which, when it comes to opinions on the Lanham Act, is saying something.

The lawyers representing Bon Jovi and the team: Cozen O’Connor’s Camille Miller and Melanie Miller.

Law Blog You Tube Video of the Day: As the title indicates, we’re partial to this song, although we spent about a year of our teenage years wondering how one would go about getting a steel horse.

Full post as published by Law Blog - WSJ.com on June 15, 2009 (boomark / email).