The Volokh Conspiracy
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"Motion to Admit Drake's Live Mascot to the Preliminary Injunction Hearing"
Not something you see every day.
From the motion, in Drake University v. Des Moines Community College Foundation:
On July 8, 2024, Drake filed a Motion for Preliminary Injunction requesting the Court temporarily enjoin Defendants' use of certain trademarks, namely a standalone "D" and dark blue/light blue/white color scheme in connection with post-secondary educational services ….
While the Drake Brand is comprised of several elements, of particular importance is Drake's live mascot, Griff II, who frequently appears in public on behalf of Drake wearing outfits featuring elements of the Drake Brand. While Griff II is represented pictorially in the record, his true effectiveness as an ambassador of the Drake Brand lies in his physical presence.
Drake's counsel has contacted the Clerk's Office regarding the Court's protocols for admitting animals to the Courthouse and has been informed that animals are permitted entry under certain circumstances.
While Griff II is a certified therapy dog, out of respect for the dignity and decorum of these proceedings and for the elimination of doubt, Drake seeks permission from the Court directly.
Motion denied, says Chief Judge Stephanie Rose (S.D. Iowa):
Plaintiff may present evidence to depict its mascot without the need for physical presence.
It's not Bring Your Dog to Court Day.
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"certified therapy dog"
But not the therapy dog of any person in the courtroom. Who is legally obliged to care about your therapy dog? I have heard that commercial landlords might have to. Otherwise the term is meant to suggest "ADA-compliant service animal" without saying so.
I think they were just trying to convey that he was well-trained, not a random pet.
IT'S A TRAP!
(remember peanut. R.I.P.)
Would the dog be made an exhibit? Would the clerk be required to maintain custody of it? In the event of an appeal, would the dog be transmitted to the appellate court?
The appellate court would issue a writ of habeas canis.
Attorney 1: “You're a good boy, aren't you? Aren't you?”
Attorney 2: “Objection, leading!”
On the other hand (other paw?), it would be perfectly fine for Attorney 1 to question him,
"Who's a good boy, who's a good boy!!!???"
Dissing the dog?
Call John Wick
See this article for comparison of logos, mascots, etc. https://iowacapitaldispatch.com/2024/07/09/drake-university-sues-dmacc-over-community-colleges-new-logo/
The judge sounds like a childless cat lady. 🙂
If "Griff II" is the apotheosis of mascots such that the court needs to see his divine presence in person, does the school still have a case if he dies?