Posner quote of the day

‘In thinking about the applicability of the rationale of the personal-name rule to the present case, we should notice first of all that camels, whether real or toy, do not go into business. Peaceable Planet’s appropriation of the name “Niles” for its camel is not preventing some hapless camel in the Sahara Desert who happens to be named “Niles” from going into the water-carrier business under its own name.’ Peaceable Planet, Inc. v. Ty, Inc. and H. Ty Warner, 362 F.3d 986, 70 U.S.P.Q. 2d 1386 (7th Cir. 2004).

 I can’t recommend this opinion enough to fans of camels, the name ”Niles”, or the town of Cassopolis, Michigan.

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2 Comments

  1. towniewannabe said,

    June 2, 2007 @ 5:46 pm

    I like how he points out the obvious first - that camels do not go into business. If that isn’t a brilliant legal mind functioning at the top it its game, I don’t know what is. Seriously, his opinions get stranger and stranger each year.

    Actually, I might want to challenge his statement about camels - I think some courts, states or other regulatory bodies have recognized Joe Camel as a business figure. Do we know for sure that he is not “real or toy”?

  2. the editor said,

    June 4, 2007 @ 10:31 am

    I like the idea that everything not real is a toy, and vice-versa. I look back fondly on the hours I spent as a child, playing with the square root of negative one.

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