Intellectual Property

* Are you a judge or former judge interested in being on television? All you have to do is move into some quasi-Survivor commune. Who would be the best jurist to send out there? I’d say Thomas so he can just stare at everyone silently and offer no assistance. [LawSites Blog]

* Law students fight to get an immigrant lawyer admitted to the bar over 100 years later. Just what California needs. Another lawyer. [UC Davis News & Information]

* Speaking of California needing more lawyers, California law schools are reaching out to community colleges to find students who saved on their undergraduate education and might be willing to start taking on some serious debt. [SF Gate]

* The State of Texas has intervened in a legal brawl between two breweries over the use of the Alamo. One more liberal government trying to take over the free market. [Brewery Law Blog]

* Professor John Banzhaf has an interesting suggestion regarding the death penalty: why are we still using injections anyway? [PR Log]

* Most people shouldn’t sue just because they can: a commentary on Alex Rich’s recent piece. [Law and More]

* More feedback on the ATL Top 50. [Most Strongly Supported]

* “Tacoma needs a law school like I need a hole in the head.” Exactly. [Post Defiance]

* The South Carolina Commission on Higher Education took a big step toward invalidating their own name by approving the sale of Charleston to Infilaw. By the way for comedy’s sake, attached below is a screenshot of the Google News alert I got on this story…. [The State]

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The ice cream season is finally here! Can’t you tell from the 50 degree weather and driving rain? Well, technically ice cream season is here and that means the streets will be filled with ice cream trucks peddling their tasty wares and blaring “Pop Goes the Weasel” or some such.

If you’re one of the lucky ones living in a city serviced by the venerable Mister Softee, you’ll get their original song drilled into your head. You can listen to it on a loop here if you’re working at a CIA black site and looking for some new jams to play for your guests. Did you know it had lyrics? Apparently it does. Who knew?

When you’re the preeminent “soft-serve out of a truck” vendor, people come gunning for you. Usually by looking ever so suspiciously exactly like you.

You actually will not believe the name of the company Mister Softee is suing….

double red triangle arrows Continue reading “I Scream, You Scream, We All Scream For Trademark Infringement”

The experience of leaving a Biglaw partnership to start a boutique law firm did not allow me to stop thinking about Biglaw. If anything, I think about Biglaw now more than ever. Because the very nesting grounds that I flew away from, IP litigation departments at national and international law firms, are some of my upstart boutique’s biggest competition for new business. And considering our experience with the first five or so cases that our firm has brought, our adversaries as well. Of course, I continue to work with Biglaw firms as co-counsel on some cases as well.

So I think about Biglaw. How it works, and most often how it fights patent cases. For over a decade I was a Biglaw-branded pugilist, and now that I am on the other side of the ring, I am forced to respect but try and beat the Mike Tyson’s Punchout-worthy cast of characters that Biglaw rolls out on behalf of its clients. There are not many Glass Joe’s in the bunch. Which makes it fun.

I would not have left unless I thought that my partners and I would be competitive — both with Biglaw and with the many quality IP boutiques that have come before us and continue to thrive. But as I think back on how IP litigation practice has changed just in the short amount of time that I have been practicing, I take comfort in the fact that the playing field between Biglaw and boutiques has been leveled across a number of fronts. Two areas in particular deserve focus….

double red triangle arrows Continue reading “Beyond Biglaw: Biglaw’s Eroding Edge (Part 1)”

* REMEMBER: The last day to vote for your favorite entry in our Law Revue contest is SUNDAY at 11:59 p.m.

* Okay, law students! How far would you go for silence in the library? [Legal Cheek]

* An attorney was suspended for two years for beating up girlfriend who he began dating while she was still a client. But the real punishment seems to be the extensive text message communications attached to the decision. It’s like a teacher making you read the note you were passing out loud in front of the whole class. Cringeworthy clinginess. [The Oklahoma State Courts Network]

* Lawyer’s alleged drunken air rage diverts a trans-Atlantic flight to Dublin. Because if you have a potentially quarrelsome drunk, dropping him off in Ireland is the right answer. [Irish Times]

* Aeropostale is suing H&M over the phrase, “Live Love Dream.” Maybe what they save on originality they pass along to the consumer. [Fashionista]

* This is how all trials should end. [Condé Nast Collection]

* The wrongfully accused — like the people bullied into pleading guilty to crimes they didn’t commit — are given a raw deal in more ways than one. [Policy Mic]

* Woman arrested after she called the crime lab posing as a court employee and tried to get her evidence destroyed. Well, it was worth a try. [The Times-Picayune]

Whenever clients ask about filing a trademark in China via the Madrid System, our answer is simple: filing a national application directly with the Chinese Trademark Office (CTMO) is better.

China’s trademark system is complicated and overseen by oftentimes capricious examiners, especially as compared to the one-size-fits-all Madrid application that makes registering a trademark in China seem so easy. All you have to do with a China trademark filing via the Madrid System is check the box marked “China.” This lulls Madrid applicants into a sense of complacency, but all too often the result is a rejection that could have been avoided with a national application in China.

Madrid applications are supposed to be cheap and quick, but fixing Madrid problems after the fact is neither. This “Madrid problem” is exacerbated by U.S. lawyers comfortable filing in Madrid but with no experience filing in China.

Trademark prosecution in China is highly mechanical. For the vast majority of applications, you file an application and then wait 18 months for your trademark to be registered or rejected. (A slight oversimplification, but not by much.) China has no CTMO equivalent to a USPTO office action, no back-and-forth with trademark examiners, and no chance to amend an already filed application.

For this reason, the meaningful work for Chinese trademark applications occurs before you file the application…

double red triangle arrows Continue reading “China Trademarks: What’s Madrid Got To Do With It?”

Katherine Heigl

* A three-judge panel of the Tenth Circuit seemed a bit torn as to the constitutionality of Utah’s same-sex marriage ban during oral arguments yesterday. This one could be a contender to go all the way to the Supremes. [New York Times]

* Another concussion lawsuit has been filed against the National Hockey League by a group of former players, this time alleging a culture of “extreme violence.” The pleadings are a bit… odd. We’ll have more on this later today. [Bloomberg]

* “We’re not going back to 2006 anytime soon,” says NALP executive director Jim Leipold. The legal sector lost lots of jobs in the recession, and they’re not likely to come back. Happy Friday! [National Law Journal]

* It’s never too soon to start writing your law school application essay. Please try not to bore the admissions officers — make sure you have a “compelling” topic. [Law Admissions Lowdown / U.S. News]

* Katherine Heigl (remember her?) probably needed some cash, so she filed a $6M lawsuit against Duane Reade for posting a picture of her carrying one of the drugstore’s bags on Twitter. [Hollywood Reporter]

‘But it’s not even an iPhone or a Galaxy, Your Honor!’

Please turn your phones off. We don’t want an angry judge.

– Courtroom deputy Martha Parker-Brown, cautioning those in the gallery of Judge Lucy Koh’s courtroom during the latest Apple v. Samsung patent trial. Judge Koh has previously threatened to take attorneys’ and tech executives’ phones away from them, and shamed others by making them stand up if their phones were turned on and started ringing.

* Justice Scalia was asked, “Why should society be bound by laws that were passed only by white male property owners?” If you guessed he’d eschew a substantive response in favor of a condescending sarcastic quip, you’re right! [Wall Street Journal]

* 2L who based his student government bid around a self-made rap video failed to secure election. He was probably screwed the moment Dr. Dre entered the race. [Daily Business Review]

* Nursing home sued for hiring male strippers for patients. Lawsuit aside, wasn’t it a bit much to make them dress up like Matlock for their act? [NY Post]

* A firm is handing out pairs of Google Glass to clients to record how their injuries impact their daily lives. Next up: a firm specializing in the injuries caused by wearing Google Glass to record how injuries impact daily lives. [Slate]

* Big corporations are filing junk patents. Will anyone put a stop to them? Of course not. [Politix]

* It’s time to put a stop to shady tax preparers ripping off low-income families. That way low-income families can go back to being ripped off by every other avenue of American society. [New York Times]

* Managing your Facebook account can give rise to spoliation. So you’d better be happy with all those pictures you’re tagged in before you get in a legal scrape. [IT-Lex]

One of the things that was always interesting about Biglaw was just how much the skills of senior partners were celebrated, even in the absence of any verification. Or rigorous comparison to their peers, for that matter. Such exaltation of abilities was not limited to individual lawyers, of course, but extended also to practice groups and even other firms. In fact, a fair amount of Biglaw’s “prestige” is pollinated by secondhand anecdotal evidence, many times passed along by people who have either never seen their subjects in action or who are not qualified to distinguish between a great performance and a mediocre one.

Of course, I do not doubt that many, if not the vast majority of, Biglaw reputations are well-earned. For example, even though my knowledge of real estate law is severely limited, I would feel comfortable hiring some of my old colleagues at Greenberg Traurig in New York for real estate help, should I ever be in a position to acquire or dispose of some commercial real estate. I admit that I have no frame of reference, other than reputation and some personal relationships, supporting such a prospective choice. But it is not like I could “shadow” a closing and figure out which set of lawyers is doing a better job anyway. “Wow, those guys really put out a nice refreshment spread in the room with the closing binders” would be the level of my analysis. Probably not a good idea to choose counsel solely on that basis.

Are there other options out there?

double red triangle arrows Continue reading “Beyond Biglaw: Candid Camera”

* Professor Rick Hasen drops knowledge bombs all over the “subtly awful” decision in McCutcheon. [Slate]

* Another firm joins the “CV Blind” approach of assessing future lawyers without looking at their grades. So go ahead and blow off that third-year course if this trend continues. [Legal Cheek]

* In case law schools needed another study to make them feel better about driving up costs, here’s a new study that says schools that hire hotshot professors improve faculty productivity. [TaxProf Blog]

* Med students are mistreated. Boo hoo. At least you bastards get jobs when you graduate. And they were mistreated by the hospitals they worked with? Try a Biglaw firm right before a deadline and then stow your whining. [Chronicle of Higher Education]

* Education Department moves to prohibit the practice of colleges barring lawyers from institutional sexual assault hearings. In other news, colleges have been getting away with keeping lawyers out of hearings about potentially criminal acts. [Inside Higher Ed]

* The BARBRI public interest fellow contest is now underway! Watch the videos and cast your vote by April 7. [BARBRI]

* Strip club company thought it could build a theme restaurant based on the movie Talladega Nights. More after the jump… [Bloomberg]

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