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February 2018
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Classified Cabinet Docs Leak Down Under Via An Actual Cabinet Sale... Just As Aussies Try To Outlaw Leaking

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Back in December, we reported on an effort underway in Australia to criminalize both whistleblowers and journalists who publish classified documents with up to 20 years in prison. 20 years, by the way, is also the amount of time that Cabinet documents are supposed to be kept classified in Australia. But just recently Australia's ABC news suddenly started breaking a bunch of news that appeared to come from access to Cabinet documents that were still supposed to be classified. This included stories around ending welfare benefits for anyone under 30 years old as well as delaying background checks on refugees. Some explosive stuff.On Wednsday, ABC finally revealed where all this stuff came from. It wasn't an Australian Ed Snowden. It was... government incompetence. Apparently, someone bought an old filing cabinet from a store that sells second-hand government office furniture. The cabinet had no key, so he drilled the lock and... found a ton of Cabinet documents in an actual cabinet.So... if that law were to go through in Australia... would that mean the government employee who didn't check the filing cabinet would get 20 years in jail? Or the store that sold out? Or the guy that drilled it? Or do all of them get 20 years? Why don't we just support whistleblowers and the press for reporting on important news that the public should know about?

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posted at: 12:00am on 07-Feb-2018
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BrewDog Beats Back Trademark Action From The Elvis Presley Estate

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In the middle of summer last year, we discussed a somewhat strange trademark fight between BrewDog, a Scottish Brewery that has been featured in our pages for less than stellar reasons, and the Elvis Presley Estate. At issue was BrewDog's attempt to trademark the name of one of its beers, a grapefruit IPA called "Elvis Juice." With no other explanation beyond essentially claiming that any use of Elvis everywhere will only be associated in the public's mind as being affiliated by the 1950s rock legend, the Estate opposed the trademark application. Initially, the UK Intellectual Property Office sided with the Estate, despite the owners of BrewDog both pointing out that they were simply using a common first name and that they were actually taking the legal course of changing their first names to Elvis to prove their point. Not to mention that the trade dress for the beer has absolutely nothing to do with Elvis Presley. We wondered, and hoped, at the time if BrewDog would appeal the decision.Well, it did, and it has won, which means Elvis Juice is free to exist and the order that BrewDog pay the Elvis Estate costs for its opposition be vacated.

Now, after a three-year battle the firm has overturned a ruling banning them from using the name and and order to pay Presley's estate £1,500 in costs has been scrapped. The ruling means BrewDog will no longer have to change the name or apply to the Elvis estate for official permission to use it.
It's the right end-state for all of this, but you have to wonder why it took an appeal process to get here. Again, you can see the trade dress for the beer in our original post and you will see that there is absolutely nothing in the way of a call-back to Elvis Presley. In other words, the opposition from the Estate rested solely on the claim that virtually any use of a common first name would be associated with the long-dead Elvis Presley. Arguably, Presley may not even by the first singer to leap to mind in the European market, where Elvis Costello is still, you know, alive. This whole thing smacked of pure audacity on the part of the Estate.But let's remember that BrewDog has had to deal with this mess for the better part of a year. To those that would claim that trademark bullying isn't all that big a problem, tell that to the two Elvises (Elvisi?) that own BrewDog.

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