Intellectual Property

If you think I'm not ordering Jeremy Lin's #4 Crimson jersey you haven't been paying attention.

Thank God Jeremy Lin didn’t have a Tiger Mother. Professor Amy Chua would have prevented Jeremy Lin from playing sports and he’d probably be in law school now instead of saving the New York Knicks.

If you haven’t been following Jeremy Lin and the #LINSANITY phenomenon, GTFO here’s a quick recap: Taiwanese-American kid from California plays basketball for Harvard, goes undrafted by the NBA, gets cut by two teams, ends up getting some run for the Knicks because of teammates’ injuries, and then scores more points in his first five starts than anybody else in the history of the NBA — helping the Knicks to win six (and counting) games in a row.

It’s a great story. Lin has overcome a lot to get here. I mean, the story of the kid who goes to Harvard and remains humble instead of becoming a self-important douchebag is a Lifetime movie in and of itself.

Basketball pundits have been dissecting his game like the kid is the second coming of Tim Tebow. Cowardly boxers with a history of anti-Asian bigotry are tweeting about Lin because they’d rather pick on the Harvard kid than take their ass-kicking from Manny Pacquiao.

And I can’t wait, I mean I literally cannot wait, for Lin to really get into it on the issue of Taiwanese LINdependence from China. Kid went to Harvard, you know he has a considered opinion. When the history of World War Three is written, will it say it started with a point guard on the New York Knicks?

There are so many angles to this thing, but we’re going to focus on the legal one. Who owns the term “LINSANITY,” which became the hashtag associated with the Lin phenomenon?

double red triangle arrows Continue reading “LINtellectual Property Concerns To Entertain Ivy League Grads Who Aren’t LINSANE”

* A tentative deal to extend the payroll tax holiday and unemployment benefits has been reached. Is anyone else having a serious case of déjà vu right now? Didn’t we do this already? [Washington Post]

* Investigators in Whitney Houston’s drug probe want her prescription records. We should take Tony Bennett’s advice: if all drugs were legal, we wouldn’t worry about stars ODing on pills. [New York Daily News]

* Paul Ceglia didn’t want to pay Facebook’s Biglaw bill for 177 hours of legal work, so the judge slashed the price to $75,776. At just $428 an hour, how will these lawyers feed their families? [Los Angeles Times]

* More and more law school deans and law professors keep jumping ship to run colleges and universities. Hey, it’s easier to milk the campus cash cow when you’re in charge. [National Law Journal]

* Chris Christie took a break from complaining about New Jersey’s gay marriage bill to complain about how his nominees for the state Supreme Court haven’t been confirmed in record time. [Star-Ledger]

* Jeremy Lin fever has reached the U.S. Patent and Trademark Office as people try to file applications for the mark “Linsanity.” Weird, doesn’t Lindsay Lohan already have dibs on that? [Businessweek]

Beyoncé

* “All My Justices” may soon be coming to daytime television station near you. In a close vote, the Senate Judiciary Committee approved a bill that calls for television access to Supreme Court proceedings. [Legal Times]

* A former Cravath associate’s law license has been suspended as a result of a DV assault charge. For every day spring bonuses go unannounced, another CSM attorney will do something to embarrass the firm. [Am Law Daily]

* Duncan Law wants wants a judge to reconsider an injunction, claiming “eight students have withdrawn” since its accreditation was denied. In other news, only eight students at Duncan Law have half a brain. [National Law Journal]

* If you liked it, then you should’ve put a trademark on it. Jay-Z and Beyoncé have filed a trademark application for their daughter’s name. Nothing says love like exploitation. [New York Post]

* Remember the siblings involved in a nationwide manhunt last summer? Stripper and bank robber extraordinaire Lee Grace Dougherty pleaded guilty, and now faces up to 28 years in jail. [New York Daily News]

* Representative Gabrielle Giffords will be resigning from Congress this week to focus on her recovery. Jared Loughner, the man accused of shooting her, is still way too loony to stand trial. [CNN]

* Because of this huge law firm, Dotcom’s bubble has officially burst. Hogan Lovells partner Robert S. Bennett has withdrawn from the Megaupload.com case, citing a conflict of interest with another client. [Reuters]

* In Egypt, even if your client is considered a modern-day pharoah, when you finish your closing arguments, you get a round of applause. And tons of jeers from other lawyers. [Boston Globe]

* Ben Roethlisberger settled his civil rape lawsuit. Neither side will comment as to whether money was a part of the settlement. (Hint: that means a lot of money was involved.) [Reno Gazette-Journal]

* Penn State’s former football coach, Joe Paterno, passed away this weekend. His grand jury testimony can’t be used in court, but the Sandusky litigation will continue. [San Francisco Chronicle]

* Seeing red: lawyers for Louboutin and YSL will face off in an appellate, trademark “shoedown” this week. What does Harvard Law’s fashionista, Jeannie Suk, have to say? [New York Times]

* Remember Doug Arntsen? He’s the ex-Crowell & Moring attorney who fled the country after allegedly embezzling millions. But he’s no flight risk — that’s “absurd.” [Thomson Reuters News & Insight]

Tom Wallerstein

For some, the phrase “small law firm” implies certain stereotyped practice areas, clients, and attorneys. At its worst, the stereotype invokes unsophisticated clients and matters that are routine and uninteresting. I doubt the stereotype is wholly true anywhere. I know for sure it isn’t true in San Francisco or Silicon Valley.

I know many attorneys in small firms who have specialized, high-end practices. These specialized practices are often called boutiques, and they are perfectly suited to serve the entrepreneurial, high-tech client base that abounds in the San Francisco Bay Area.

Even in the down economy, a number of new ventures were launched in Silicon Valley. Geographically, the high-tech corridor also seems to be expanding, thanks to Twitter, Zynga, SalesForce.com, and the like setting up shop in San Francisco. You don’t even need a Visa or traditional office space to launch a startup anymore; now you can enjoy Peter Thiel’s “Visa-free entrepreneurship and technology incubator on an ocean vessel in international waters.”

It remains to be seen whether we’re experiencing a boom or just another bubble, but I guess it doesn’t matter anyway. I’m not an economist and I’m not making predictions. I am only remarking on some great practice opportunities for smaller law firms which exist here, maybe because we are fortunate to have so many imaginative, passionate, and savvy entrepreneurs working on exciting projects in so many different industries….

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Last week, we discussed the end of the legal recession, and we made some predictions about 2012. Many of you were interested in more information on your specific market, so today, we’re launching a new Career Center series: “State of the Market.”

Over the coming weeks, we will discuss hiring prospects in major legal markets based on analysis by Lateral Link‘s recruiting team.

We start with our nation’s capitol, Washington, D.C….

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The Internet Corporation for Assigned Names and Numbers has been busy lately. First, the Southern California-based non-profit responsible for the Internet’s address system created a porn-only, top-level domain. And on January 12, ICANN will start allowing people to register top-level domains of whatever they want.

.Com, .net, and .org — your days of tyranny are over!

Leave it to government officials and businesses concerned about protecting their intellectual property online to spoil the party. Companies are worried that allowing just anything to sit at the right side of a URL address will lead to useless costs and headaches in order to protect against cybersquatters.

We’ve got the nitty.gritty after the jump….

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Here at Above the Law, we regularly cover benchslaps: judges laying the smackdown on poorly performing attorneys. But what about when it’s the judge who says, “I’ve made a tiny huge mistake”?

On Friday, U.S. District Judge Lucy Koh made a significant technological blunder in a patent case between two of Silicon Valley’s heaviest hitters. Yet her mistake is almost quaint. It harkens back to an earlier, simpler time –– like, pre-2006. When legal technology was a bit more primitive, and, more specifically, when the legal profession was still learning to master PDF files.

So, what did she do? Let’s just say she couldn’t keep a secret….

double red triangle arrows Continue reading “I Don’t Think ‘Redaction’ Means What You Think It Means”

The real Elizabeth Sky

The Internet may be infinite, but people still are constantly fighting over online real estate. It happens in the porn industry, and it happens to celebrities. Even Miami Dolphins cheerleaders have to fight for their right to party at their own website.

The U.S. District Court for the Southern District of Florida recently ruled in a dispute between two models using the stage name Elizabeth Sky. The defendant allegedly went on a campaign across the Internet to destroy the other model’s social networking presence. Will the real Elizabeth Sky please stand up, please stand up, please stand up.…

double red triangle arrows Continue reading “Model Who Says, ‘I’m Too Sexy For This Trademark’ Loses $81K Suit”

Cristina Fierro: not of age.

* Here’s something that’s actually worth crying over instead of your “meh” bonuses. Much like this year’s Cravath scale, Biglaw pro bono hours will likely be stagnant or cut altogether. [Fortune]

* What’s the point of fleeing if you’re just going to let yourself get extradited? Ex-Crowell & Moring counsel, Douglas Arntsen, will return to New York to face grand larceny charges. [New York Law Journal]

* Knock it off: the feds took down 150 sites selling counterfeit goods yesterday, alleging willful copyright infringement. So much for all of those too-good-to-be-true Cyber Monday deals. [Blog of Legal Times]

* It’s pretty much impossible for Gloria Allred to take a client who doesn’t have a vagina. Her latest litigant, 16-year-old Cristina Fierro, is suing Lawrence Taylor for sex trafficking. [New York Post]

* Finally, some Spider-Man drama that we can get behind, unlike that Turn Off the Dark crap. Tobey Maguire has settled his illegal poker lawsuit, and he didn’t even have to go all in. [CNN]

* Sorry, Chick-Fil-A, but no one is going to be confusing your “chikin” trademark with kale. Maybe like 3% of your customers even know what kale is. And that’s being generous. [Huffington Post]

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