JUDGE FOR YOURSELF

Findlaw reports that a disgruntled litigant has put a judge up for sale on ebay. Janet Schoenberg placed a picture of housing judge Jerald R. Klein, together with criticism of the way the judge was conducting her case. In the fine print Schoenberg explained that she wasn’t actually selling the judge, but was instead selling a recording of the proceedings which she described as a “work of art”. The ad was subsequently removed by eBay on grounds of misleading description, unauthorised use of a photo and unauthorised use of a name. There were 21 bids, but the top price was only $127.50 (including shipping).

The IPKat’s heart is pounding with excitement at the thought of all the IP rights that may be involved here: (i) personality rights of the judge, (ii) copyright in the photo of him, (iii) copyright in the recording and (iv) (at a longshot) the judge’s goodwill in his image leading to a passing off claim.

Another judge for sale here
Other things you can buy for $127.50 here, here and here