Intellectual Property

  • letter shock

  • Amy Chua: She's baaaaaaack!

    Abortion, Association of American Law Schools, Biglaw, Books, Conferences / Symposia, Football, Gender, Intellectual Property, Jed Rubenfeld, Law Schools, Racism, Securities and Exchange Commission, Securities Law, Sports, Tax Law, Trademarks

    Morning Docket: 01.06.14

    * “Either access to abortion will be dramatically restricted in the coming year or perhaps the pushback will begin.” We’re moving back in history. Here’s hoping pro-choice advocacy will be born anew in 2014. [New York Times]

    * George S. Canellos, the SEC’s co-chief of enforcement, announced his departure on Friday, and people are already wondering whether he’ll return to his old stomping grounds at Milbank Tweed. [DealBook / New York Times]

    * We hope legal educators had fun at the Association of American Law Schools annual meeting, but we hope most of all that they learned what needs to change to really make legal education pay. [WSJ Law Blog]

    * “I believe women lawyers can contribute a lot to the legal system.” Saudi Arabia now has its first female law firm dedicated to bringing women’s issues to the country’s patriarchal courts. Congratulations! [RT]

    * A Starbucks spokeswoman issued a defense to the cease-and-desist response letter that went viral worldwide, and it reads just like how her company’s coffee tastes: bland. [International Business Times]

    * Amy “Tiger Mom” Chua is back with a vengeance, co-authoring a controversial new book (affiliate link) with her husband, Jed Rubenfeld. Which cultural groups are superior? [New York Post]

    8 Comments / / Jan 6, 2014 at 9:28 AM
  • WOULD-YOU-RATHER

    Intellectual Property, Trademarks

    Lawyer Writes Absurd Demand Letter And Gets Called Out In Court

    Backing an adversary against the wall can be fun, but can backfire spectacularly.

    13 Comments / / Jan 2, 2014 at 5:18 PM
  • letter shock LF

    Drinking, Fabulosity, Intellectual Property, Trademarks

    The Greatest Response To A Cease And Desist Letter, Probably Written While Drunk

    An AMAZING response to a cease and desist letter. You must read this.

    30 Comments / / Dec 30, 2013 at 9:46 AM
  • 800px-Flag_of_Canada.svg

    Affirmative Action, Amy Schulman, California, Canada, Football, Gay, Gay Marriage, Law Schools, Non-Sequiturs, Patents, Prostitution, Women's Issues

    Non-Sequiturs: 12.20.13

    * A federal judge just struck down Utah’s ban on same-sex marriage. [Salt Lake Tribune]

    * After striking down Canada’s anti-prostitution laws, our neighbors to the North went ahead and approved a law school that functionally bans gays. What’s going on up there? Play keep away with the Stanley Cup for 20 years and they just lose their damn minds. [TaxProf Blog]

    * Chief Judge Alex Kozinski objects, but nobody wants to hear it. [Josh Blackman’s Blog]

    * Professor Richard Sander won the right to examine law school race, attendance and grade information, in a bid to prove his central theory that affirmative action somehow hurts black folks. I guess the California Supreme Court is on Team Sander. [San Jose Mercury News]

    * Amy Schulman, the powerful general counsel at Pfizer, is out — and now there’s some interesting speculation as to why. [Law and More]

    * So now everyone’s writing legal opinions over Fantasy Football trades. [BigLaw Rebel]

    * Jim Harbaugh gets all his legal acumen from Judge Judy. Next thing you know he’ll be objecting to “What’s your deal?” for lack of foundation. [ESPN]

    * Speaking of Jennifer Lawrence, she can probably help with your International Law final. [The Onion]

    * There’s a rundown of the top patent law stories of 2013 on the web next month. And there’s CLE to be had! [Patently-O]

    1 Comment / / Dec 20, 2013 at 5:03 PM
  • SomaliCartman

    Biglaw, Fashion, Health Care / Medicine, Intellectual Property, Non-Sequiturs, Partner Issues, Patents, Privacy, Trademarks

    Non-Sequiturs: 12.18.13

    * The DOJ is looking to retry an accused Somali pirate. They’re totally on top of piracy as long as it doesn’t take place here. [The Blog of the Legal Times]

    * Yesterday we posted our holiday tipping thread, heavily citing Corporette’s Kat Griffin. Now she’s posted her own guide and we’re linking to it. It’s like Inception up in here. [Corporette]

    * Why fashion gets knocked off: delving into the world of design patents and trade dress. [Fashionista]

    * Comparing the modern NSA to the intelligence-gathering techniques employed during the American Revolution. Interesting stuff, but a total cover-up job. Where’s the discussion of Ben Franklin’s “electric kite drones,” eh? You must think we’re pretty naïve, Logan Beirne. [Fox News]

    * Incredibly sad, but also incredibly fascinating: if a child is rendered brain dead by a possible medical mistake, should the state honor the wishes of the family to keep the kid on life support even though every day on life support makes an investigation into the cause of death harder? [CNN]

    * Loyola University Chicago introduces a new curriculum to give students an opportunity to get real-world experience with a judge or practicing lawyer before graduating. A law school focusing on training lawyers to be lawyers? This isn’t all that surprising when you look back at Dean Yellen’s previous work. [Loyola University Chicago]

    * Congratulations to Therese Pritchard on her election as the first female chair of Bryan Cave. We’re big fans… until you fail to leak your bonus memo to us first. The ball’s in your court now Pritchard. [WSJ Law Blog]

    * The venerable Green Bag is parting ways with GMU Law. Thankfully, it has already found a new home. [PrawfsBlawg]

    * Former White House attorney John Michael Farren who we reported on a lot in the past about beating his wife nearly to death… was found liable for beating his wife nearly to death. So that happened. [News Times]

    2 Comments / / Dec 18, 2013 at 5:11 PM
  • Spoiled_brat_selfish_parent_child_beg_thumb

    China, Law Professors, Law Schools, Non-Sequiturs, Sentencing Law, Trademarks, United Kingdom / Great Britain

    Non-Sequiturs: 12.11.13

    * Beware of “affluenza” — the condition where rich kids believe that their wealth shields them from consequences. One kid with affluenza was convicted of four counts of manslaughter and got… probation. Great way to teach him that there are consequences. I don’t doubt being a hyper-privileged douche contributed to his criminal behavior, but let’s see if the judge is equally lenient to the next kid in this courtroom who argues that poverty contributed to his crimes. [Gawker]

    * In America people complain about law reviews sharing outlines for free. In the U.K., they’re selling notes on eBay. If you’re buying notes off the Internet, perhaps law school isn’t your bag. [Legal Cheek]

    * Do Twitter mentions reflect the scholarly significance of a professor’s articles? No. [TaxProf Blog]

    * Here’s some terrifying stuff that lawyers want for Christmas. It’s not quite our gift guide. [The Spark File]

    * The word “spin” is apparently trademarked. This is the company that did it and enforces its trademark against gyms with uncertified spin classes. [Racked]

    * Law school applications are in free fall. Too bad all these people are going to miss out on that sweet $1 million law degree. [Lawyers, Guns & Money]

    * Mental health remains a seriously undiscussed problem in the legal industry. [Law and More]

    * TSA now confiscating prop guns off stuffed animals. [Lowering the Bar]

    * A Chinese law professor lost his job for writing an article advocating constitutional rule. If you think this is a harsh response, remember this government used to throw tanks at people over less. [Washington Post]

    * Speaking of China, next month the CBLA is hosting a panel discussion about the expanded use of the FCPA, specifically with regard to China. [CBLA]

    4 Comments / / Dec 11, 2013 at 6:04 PM
  • Sarah Jones

    6th Circuit, Bankruptcy, Biglaw, Defamation, Fashion, Free Speech, Law Schools, Media and Journalism, Morning Docket, Patents, Technology

    Morning Docket: 12.09.13

    * After its patent battle in the courts, Apple wants Samsung to pay for a portion of MoFo’s legal fees. When you think of it, $15.7 million is a rather piddling amount when full freight is $60 million. [The Recorder]

    * Say goodbye to your pensions! As it turns out, law review articles aren’t so useless after all. Detroit’s foray into Chapter 9 eligibility is the brainchild of a Jones Day partner and associate duo. [Am Law Daily]

    * It must be really stressful to plan a wedding when your defamation victory is on appeal to the Sixth Circuit. The latest chapter in the Sarah Jones v. TheDirty.com case could mean curtains for online speech. [AP]

    * When it comes to their credit ratings, stand-alone law schools are getting screwed due to their inability to put asses in their empty seats. Four out of five schools profiled could be in big trouble. Which ones? [WSJ Law Blog (sub. req.)]

    * “You need to not dress like that.” TMZ’s attorney, Jason Beckerman, is an alumnus of Kirkland & Ellis, and he was quickly advised by a producer that he needed to lose his lawyer duds. [California Lawyer]

    5 Comments / / Dec 9, 2013 at 9:00 AM
  • Hells Angels

    Intellectual Property, Trademarks

    Hells Legal Guardian Angels

    Violate their intellectual property rights, and you’ll have Hells Angels to pay.

    1 Comment / / Dec 2, 2013 at 11:04 AM
  • teen pregnancy

    Allen & Overy, Biglaw, Contract Attorneys, Disasters / Emergencies, Insurance, Intellectual Property, Jersey Shore, Job Searches, Law School Deans, Law Schools, Magic Circle, Morning Docket, Patents, United Kingdom / Great Britain, Women's Issues

    Morning Docket: 11.26.13

    * You’d think that when discussing major reforms to the patent system, the director of the USPTO would be there, but you’d be wrong. You’d also be wrong if you thought we had a director right now. [National Law Journal]

    * Welcome to the future of Biglaw: Allen & Overy has realized that it’s a waste of money to keep hiring in a weak market, so the firm is recruiting its alumni to serve as contract attorneys in times of higher legal demand. [Legal Week]

    * Dean Gregory Maggs, the interim leader of George Washington University Law, is being lauded for increasing first-year enrollment by 22 percent in a time of crisis. Excellent work, sir. You flood that job market. [GW Hatchet]

    * Just because you have a law degree doesn’t mean you’re “entitled to rise up and become partner.” Getting a job in the new normal involves having a good attitude and social graces. [WSJ Law Blog]

    * Ladies, if you get pregnant after a fling with an Olympic medalist and move out of state, please know your “appropriation of the child while in utero [will be deemed] irresponsible, reprehensible.” [New York Times]

    * GTL stands for “Gym, Tan, Laundry,” but the owner of these Jersey Shore nightclubs thinks it stands for “Gym, Tan, Lawsuit” — thanks to losses uncovered by its insurer in the wake of Hurricane Sandy. [Newark Star-Ledger]

    4 Comments / / Nov 26, 2013 at 9:19 AM
  • Kent W. Easter

    Attorney Misconduct, Biglaw, Deaths, Insider Trading, Law Professors, Law Schools, Money, Morning Docket, Patents, Trials

    Morning Docket: 11.22.13

    * Former U.S. Attorney Neil H. MacBride will be joining Davis Polk as a partner in the firm’s white-collar defense practice. Nice work, DPW — he’s actually kind of cute. Earn back that rep! [DealBook / New York Times]

    * Matthew Kluger, most recently of Wilson Sonsini, was disbarred in D.C. following his insider trading conviction. His criminal career apparently began while he was still in law school. Sheesh. [Blog of Legal Times]

    * Kent Easter, he of the “I am but a spineless shell of a man” defense, was just on the receiving end of a mistrial. It seems the jury was totally deadlocked. Guess they felt bad for him. [Navelgazing / OC Weekly]

    * The Iowa Law Student Bar Association supports the school’s decision to cut out-of-state tuition by about $8,000 because to stand against such a measure would be absolutely ridiculous. Congratulations on not being dumb. [Iowa City Press-Citizen]

    * Apple won more than $290 million from Samsung in its patent infringement retrial. Siri, tell me what the fifth-largest jury award in the U.S. was in 2013. OMG, I didn’t say delete all my contacts. [Bloomberg]

    * The trial for James Holmes, the shooter in the Aurora, Colorado movie theater massacre, was delayed by a judge until further notice. A hearing has been scheduled to reassess the situation in December. [CNN]

    * Myrna S. Raeder, renowned expert on evidence and criminal procedure, RIP. [ABA Journal]

    7 Comments / / Nov 22, 2013 at 9:09 AM
  • rising bar graph

    Biglaw, Football, Insider Trading, Intellectual Property, Law Schools, Morning Docket, Patents

    Morning Docket: 11.13.13

    * Citi reports that firms saw a revenue jump of 2.7 percent in the third quarter. Revenue has now finally outpaced expenses for the year. Let the good times roll? [The AmLaw Daily]

    * In regulatory fun, the Comptroller of the Currency issued a whole mess of new regulations on how banks can use consulting firms to comply with enforcement orders. In a nutshell, consultants should do their jobs rather than rubber stamp for the banks. Once again regulation arrives long after common sense required it. [Washington Post]

    * A new company called Fantex Holdings might turn your fantasy football chatter into insider trading by securitizing athletes. Now TacoCorp can endure an SEC investigation just like real companies. [Corporate Counsel]

    * Microsoft’s top IP counsel [Corporate Counsel]

    * Harvey Updyke, the Alabama fan who destroyed Auburn’s landmark trees, owes $796,000 according to a judge. Roll Tide. [Courthouse News Service]

    * Veterans applying to law school should take these tips to heart. [Blueprint Prep]

    * The Amanda Knox trial has a ton of experts involved. No defendant, but a ton of experts. [The Expert Institute]

    5 Comments / / Nov 13, 2013 at 9:09 AM
  • cede40914a490dd42436bf5dc31c44d4

    Defamation, Drugs, Football, Legal Ethics, Marijuana, Non-Sequiturs, Prostitution, Technology, Trademarks

    Non-Sequiturs: 11.11.13

    * Tim Tebow’s trademark will become invalid if “Tebowing” is not used in commerce. That might suck for him, but right about now Tim Tebow should be more concerned about whether “Tim Tebow” is going to be used in commerce. [The Official Review] * Law school groups take to Facebook to advertise a panel on […]

    7 Comments / / Nov 11, 2013 at 5:11 PM
  • Ted Cruz

    9th Circuit, Biglaw, Crime, Insider Trading, Job Searches, Law Firm Mergers, Law Schools, Morning Docket, Patents, R. Ted Cruz, Sports, Technology, Trials

    Morning Docket: 11.11.13

    * After months of gains, the legal industry lost 900 jobs in October, just as some of the big state bar exam results came out. We imagine the folks who rallied for the 10-months-after-graduation employment statistic are as pleased as punch. [Am Law Daily]

    * “How do we find a new inventory of high net worth clients?” The answer for Kelly Drye was really quite simple: it seems that pro athletes are willing to pay just about anything to keep themselves from going bankrupt. [Capital Business / Washington Post]

    * “I don’t know why it’s better to use a bigger firm.” When it comes to the latest law firm mega-mergers, some say that it’s not the size of the boat, but the motion of the ocean. [Wall Street Journal (sub. req.)]

    * It’s like Groundhog Day for these Biglaw attorneys: Apple and Samsung are preparing for the “patent trial of the century,” part deux, and both MoFo and Quinn Emanuel have enlisted new lineups. [The Recorder]

    * SAC Capital’s general counsel is okay, “[a]ll things considered.” His painful appendectomy is nothing compared to the $1.2 billion his hedge fund has to pay the government. [DealBook / New York Times]

    * Ted Cruz might be an “AASS,” but he’s done at least one awesome thing in his life. He once drank so much Everclear that he completely ruined a play put on by the Harvard Law drama society. [Boston Globe]

    * The Z-list actress who sued IMDb for revealing her age filed an appeal with the Ninth Circuit because hey, some of those judges are pretty old. Maybe they’ll sympathize. [Hollywood, Esq. / Hollywood Reporter]

    2 Comments / / Nov 11, 2013 at 8:59 AM
  • Office_Depot_Corporate

    Copyright, Technology, Trademarks

    Office Depot Sends World’s Worst DMCA Notice To Reddit

    Companies should recognize when complaining is worse than just letting it go.

    9 Comments / / Nov 8, 2013 at 1:01 PM
  • Hunter_S._Thompson,_1988_crop

    2nd Circuit, Fashion, Intellectual Property, Loyola Law School, Non-Sequiturs, Ruth Bader Ginsburg, SCOTUS, Shira Scheindlin, Supreme Court, Trademarks

    Non-Sequiturs: 11.01.13

    * In 1967, Hunter S. Thompson explored the wild and crazy world of the Hell’s Angels. In 2008, FX premiered Sons of Anarchy. In 2013, the Hell’s Angels are filing intellectual property suits. Hard. F**king. Core. [Houston Chronicle]

    * Who’s your favorite Disney princess? I’d say RBG. [Women You Should Know]

    * Some folks are scared that recent FERC settlements are too aggressive and could “unravel the entire power market.” That’s either hyperbole or the scariest thing in the universe ever. [Breaking Energy]

    Loyola Law School started a fashion law program to serve this burgeoning industry. Pretty interesting stuff. And if you want to meet Staci Riordan, the woman responsible for setting up this program, join our Staci Zaretsky in L.A. on November 12, when she hosts a panel of fashion law experts including Riordan . It’s dueling Stacis! [Fashionista]

    * The discriminating woman’s guide to buying pearls. I figured y’all just pulled identical necklaces out of a drawer like Marge Simpson. [Corporette]

    * In cases of sex abuse, the expert witness is incredibly important. [The Expert Institute]

    * Here’s a look at what may be next for Judge Scheindlin, who gave interviews revealing her bias because she said stuff like the government is not entitled to deference and should be forced to make its case. Oh my God, IMPEACH!!! [Ramblings on Appeal]

    * Speaking of Judge Scheindlin, Elie was on HuffPo Live today discussing the ruling. Video embedded after the jump (around 11:08)….

    2 Comments / / Nov 1, 2013 at 5:04 PM
  • iStock_000000859483XSmall

    Federal Circuit, Intellectual Property, Patents, Technology

    Chief Judge Of Patent Court Compares Killing Bad Patents To Genocide

    Yeah, these are basically the same except for the whole “mass murdering of human beings” part.

    20 Comments / / Nov 1, 2013 at 2:41 PM
  • got_cleavage_tshirt

    Books, Breasts, Labor / Employment, Non-Sequiturs, Patents, SCOTUS, Supreme Court

    Non-Sequiturs: 10.30.13

    * “I Love Boobies” case may go to the Supreme Court. [Jezebel]

    * Law firms are warning clients to beware of “Misclassification Creep” which is a “threat” to many businesses. Yeah, it’s a real shame that employees might start getting paid what they actually earn. [Corporate Counsel]

    * Recurring ATL subject, Caskers craft spirits retailer, has been sold to Anderson Press. [Pandodaily]

    * Meanwhile, another legally related business has raised a total of $850,000. Hopefully they can use some of that to make another hilarious commercial. [Techcrunch]

    * Here are 10 things every new lawyer should do right now. Shorter version: start puckering up. [The Careerist]

    * In horrible news, a missing Wayne State law student was found dead. [Detroit Free Press]

    * A former Biglaw, current Midlaw associate has written a book and created this trailer to promote it. What if a sex toy manufacturer became a patent troll? Video embed after the jump…

    3 Comments / / Oct 30, 2013 at 5:00 PM