Federal complaint against Poland Spring Water Dismissed

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U.S. District Court Judge George Singal dismissed that claim, arguing primarily that Maine Springs could not prove injury because it had not yet entered that market.

“Nestle Waters’ allegedly false advertising or false designation of origin cannot have harmed Maine Springs by channeling customers toward Poland Spring brand water when Maine Springs has not even begun to offer bottled water,” Singal wrote.

via Bangor Daily News — BDN Maine.

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South Portland seeks dismissal of pipeline lawsuit

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The city of South Portland has asked a federal judge to dismiss a lawsuit by the Portland Pipe Line Corp., saying that the company has no case because it has “no current plans” to reverse the flow of the pipeline to bring Canadian crude oil to Portland Harbor.  The city is defending its Clear Skies ordinance, approved last summer, which bans loading crude oil into tankers in the harbor and effectively prevents the company from reversing the flow of its South Portland-to-Montreal pipeline to brings Canadian tar sands oil into Maine.

via  The Portland Press Herald / Maine Sunday Telegram.

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LePage to decide which land deals Maine will fund

Gov. Paul LePage said this week that he plans to personally review and choose conservation and public easement projects before funding them with voter-approved bonds.

His announcement has been met with dismay by land trusts and private landowners uncertain what criteria LePage plans to use in judging projects that have already received approval by a state board.

The Portland Press Herald / Maine Sunday Telegram.

University of Maine School of Law  Seeks Dean

The University of Maine School of Law invites inquiries, nominations, and applications for the position of Dean, with an anticipated start date of July 1, 2015. The Law School seeks a Dean with a successful track record of administrative and fiscal leadership experience and one who possesses the vision, energy, and determination to lead the school. The successful candidate will be an innovative, entrepreneurial, and collaborative leader who can bring diverse stakeholders together to enhance and build on the Law School’s existing strengths. 

The University of Maine School of Law, located in Portland, has a student body of approximately 275, an intentionally small size allowing for extensive faculty-student contact and fostering a strong sense of community. The Law School provides our students with a rigorous and innovative curriculum that blends traditional theory with diverse opportunities for experiential learning. Students work closely with a talented, collegial faculty that is engaged locally and nationally in both public service and high-level scholarship. The Law School enjoys a close connection to and excellent reputation within the Maine bench, bar and community-at-large, and the right candidate will recognize, appreciate and nurture these valued relationships.

To review the full position description and information about the application process, please visit:  http://mainelaw.maine.edu/dean-search/

Funds for court-appointed attorneys runs out

“Attorneys assigned to represent criminal defendants facing jail time and others entitled to court-appointed counsel will not be paid during the month of June because the commission will run out of money at the end of May, John Pelletier, executive director of the commission, said last week.

Lawyers will be paid after July 1 for work done previously when the new fiscal year begins, he said. The same thing happened last year and in 2008, when the judiciary still was responsible for paying court-appointed attorneys.”

via BDN Maine.

Supreme Court to Allow Arguments Online

“Live audio streaming of Supreme Judicial Court arguments begins on Wednesday. Chief Justice Leigh Saufley announced the new service during her State of the Judiciary speech to the Legislature in February.

The court’s government and media counsel, Mary Ann Lynch, calls streaming a great step forward in making the work of the Supreme Judicial Court accessible “to all Maine people, no matter where they live.” Computers with Internet access are available in every public library in Maine.” via Bangor Daily News .

Watch online here: http://www.courts.state.me.us/maine_courts/supreme/stream.shtml

Pine Tree Gets Grant to Help Veterans

A $24,000 grant from the Maine Community Foundation will help the organization develop material about Maine-specific laws. State-specific laws come into play in areas like divorce and guardianship and there are particular state benefits such as admission to the Maine Veterans’ Homes.”It is really confusing and many people don’t know they’re protected by law because of their status with the military,” said Helen Meyer, a development associate with the organization.Pine Tree Legal sees the effort as a way to improve veterans’ access to legal protections unique to them. The organization has seen a growing need for legal assistance among families with a military connection.

via The Portland Press Herald / Maine Sunday Telegram.

LePage Hires Madison Avenue Law Firm

Bangor Daily News 

Maine Gov. Paul LePage is getting some outside help negotiating a new labor contract for nearly 10,000 state workers.

Louis DiLorenzo, a managing partner in the firm Bond Schoeneck & King, which has offices in New York, Florida and Kansas, will be paid $295 an hour to help administration officials in their negotiations with the Maine State EmployeesAssociation.

A Wednesday meeting will discuss ground rules for upcoming negotiations.

Court Rejects Plum Creek Approval

Mainebiz:

The Maine Superior Court has overruled the state’s September 2009 approval of Plum Creek Timber Co.’s massive development in the Moosehead Lake region.

Chief Justice Thomas Humphrey yesterday ruled in favor of conservation groups Forest Ecology Network, Natural Resources Council of Maine and RESTORE: The North Woods, saying that the Land Use Regulation Commission broke its own rules in approving the development, according to a press release from RESTORE. The court found that LURC violated rules by failing to vote on the petition as it was presented, instead offering amendments, and by failing to hold another public hearing on Plum Creek’s final petition. “Because LURC disregarded its Chapter 5 rules and engaged in an unauthorized, ad hoc procedure that prejudiced Petitioners’ rights, the court must vacate the Decision of the Commission and remand for a public hearing on Plum Creek’s fourth and final amended petition,” Humphrey wrote in the ruling.

 

See my article in the Bangor Daily News

The latest “Ask a Lawyer” column in the Bangor Daily news is about if and when you can copyright or trademark your own name.

Copyright and trademark law protect names in commercial uses. Copyright law protects “creative works,” including literary, music and visual works. Your given name — even one you give yourself — is not going to be considered a creative work that can be copyrighted. Names in a book, such as “Harry Potter” are protected by copyright as part of the literary work in which it is used.

Trademark law protects a name if it is associated with a product or service. An example of this is “Ralph Lauren,” which is a real person’s name, but also the name of the company that produces clothing. So the use of the name Ralph Lauren is protected by trademark law, because it represents the clothing and goods made by the Polo Ralph Lauren Corp.

If you are concerned about the unauthorized use of your name, Maine law prohibits the unauthorized use of your name or image for commercial purposes. The unauthorized appropriation of your name or likeness is considered a violation of your right to privacy. This comes up in advertisements, with lawsuits that typically involve famous people or celebrities.