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High heels defense beats DWI rap Durham, N.C. (AP)—Attorney Bill Thomas may get a lot more business from female motorists thanks to a novel defense strategy: High heels can help beat a drunk while intoxicated (DWI) rap. Thomas recently asked a judge how anyone could pass a field sobriety test—which requires a lot of walking—in a pair of 3 1/2-inch stiletto high heels. He contended it would be “fundamentally unfair” to use the results of field sobriety tests against one of his female clients because she was wearing stiletto heels, making her unsteady on her feet. Durham County Superior Court Judge Wade Barber squelched the results of the field sobriety tests and tossed out the DWI case. Besides the high heels, he concluded that a police officer administered the tests incorrectly. ‘Kryptonite’ has trademark shield The stuff that weakens the Man of Steel is protected by trademark. A federal judge ruled last week that the owner of the Superman franchise, DC Comics, owns a valid trademark in “kryptonite” that can be protected from dilution and infringement by a bicycle lock company that adopted the name. Southern District of New York Judge Richard Owen issued several summary judgment rulings favorable to DC Comics, including a finding that kryptonite, “Superman’s one fatal flaw,” is a protectable symbol under the Lanham Act. The judge refused to dismiss a claim that DC breached a contract on limited trademark use it reached with Kryptonite Corp., leaving the bulk of that issue for trial. Coincidentally, the decision came a few days after Kryptonite Corp. acknowledged that its $90 bike lock can be opened with a ballpoint pen—a widely reported story. The Canton, Mass.-based company said it is accelerating the introduction of a pen-proof version. Kryptonite Corp. began using the name in 1972 for bike locks and other security devices. In 1976, it applied to register “Kryptonite bike locks” with the U.S. Patent and Trademark Office. In 1983, DC Comics and the company reached an agreement that allowed the limited use of three marks associated with the kryptonite name as long as they were only for security devices and accessories for two-wheeled vehicles. DC Comics later filed suit alleging infringement, unfair competition and dilution of the trademark, as well as state law claims that Kryptonite Corp. was using kryptonite and similar words to make consumers think there was a connection to the Superman legend. Scalia says court too political Washington (AP)—Justice Antonin Scalia last week bemoaned the U.S. Supreme Court’s willingness to decide political questions such as the death penalty and abortion and predicted as a result a tough confirmation fight for the next nominee. Scalia, who made no mention of possible retirements on the court, said judicial appointments are becoming increasingly bitter because justices are improperly deciding morally charged questions that are best left to elected legislatures. “Each year, the confirmation of judicial appointments grows more intense. One shudders to think what sort of turmoil will greet the next appointment to the Supreme Court,” Scalia told an audience of 60 at the conservative Ethics and Public Policy Center. “The lesson is: One way or another, people will have their say on significant issues of social policy . . . and judges will be made politically accountable,” he said. Scalia, who was appointed to the high court in 1986 by President Reagan, outlined his judicial philosophy of interpreting the Constitution according to its text, as understood at the time it was adopted. He asserted that unelected justices too often choose to read new rights into the Constitution, at the expense of the democratic process. Scalia also has been mentioned as a possible candidate for chief justice should William Rehnquist, who turns 80 on Oct. 1, retire.

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