Why did the kale cross the road? Probably to get away from a trademark infringement lawsuit.

As we previously wrote (see: No Laughing Matter), the folks at Facebook lack a sense of humor. Now, it appears that they also lack good business judgment. (Facebook, Inc. v. Various, Inc. et al.)

Some firms, like some people, are apparently unable to learn from experience. (Casey’s General Stores Inc. v. Doctor’s Associates Inc.)

Doctor’s Associates is the owner of the Subway chain of sandwich shops. As anyone who is not comatose is aware, Subway promotes, and promotes, and promotes “footlong” sandwiches for “$5 dollars.”

For most of our readers, it has probably been a long time since they heard the terms “Hula Hoop” or “Frisbee.” We mention them here not out of nostalgia – I, for one, could never keep the damned hoop from falling down – but because they are the focus of an interesting (to IP people and insomniacs) case relating to declaratory judgment actions. Wham-O, Inc. v. Manley Toys Ltd. et al.