Intellectual Property

I think you really have to bust your butt.

Eric Bernsen, patent counsel at Knobbe Martens, recalling the hard work that was necessary to get a job at a respected firm after law school. Bernsen graduated magna cum laude from Thomas Jefferson School of Law in 2012.

Two of my favorites: Jesse Eisenberg and Andy Samberg.

Earlier in the week, I came across an interesting intellectual-property fact pattern in the New York Post. The Post reported on a calendar conflict in which the creator of the Nice Jewish Guys Calendar, an established brand, alleges trademark infringement by a newcomer, the Naughty Jewish Boys Calendar.

I must now confess to a weakness for the Chosen People. I admire them not just for their socioeconomic and educational attainment but for their sex appeal. So I was more than happy to investigate.

Let’s check out the competing calendars, the cease-and-desist letter, and the response thereto — along with some Hebraic hotties, of course….

double red triangle arrows Continue reading “Oy Vey! Dueling Calendars Of Jewish Hotties Trigger Trademark Throwdown”

Kevin Trudeau

* “How many years would you put a TV pitchman in jail? 3 years? 5 years? Don’t answer yet…” [Sentencing Law and Policy]

* So there’s a sex tape of Chris Christie. Except it isn’t him. They should have known Christie could never be a porn star. You can’t get far in the porn biz by saying, “This lane is closed.” [Gawker]

* Dolt Duped By Date Sues OKCupid. [NY Post]

* Patents are a terrible measure of innovation. Hold on, I defy you to besmirch the Anti-Drowning Hat. [Concurring Opinions]

* Wage theft in fast food shouldn’t come as a surprise, but the role played by the franchise model in creating labor law violations is intriguing. [Lawyers, Guns & Money]

* A gathering of business development tips, including shout outs to Anonymous Partner and Mark Herrmann. [Corporette]

* What better qualification to challenge for the Vegas DA’s job than to be prosecuted by that office days before the election? [Las Vegas Law Blog]

* A Baltimore lawyer aggressively used the habeas process to release mentally ill girls to serve as personal slaves to the wealthy. [Slate]

* Weil’s Business Finance & Restructuring team is putting together a March Madness bracket based on quotes from bankruptcy decisions. Let the excitement wash over you. Having not seen the bracket yet, I’m reserving judgment on what an awesome array of bankruptcy quotes would look like. [Bankruptcy Blog]

* Kevin O’Keefe, who presented on my panel at our Attorney@Blog conference, left all of us touched with his tribute to Above the Law. [Real Lawyers Have Blogs]

* Missouri lawyer is hauled into a disciplinary hearing about his practice of showing a picture of a naked woman to a female client. He says it wasn’t about sex and he was just showing her the kinds of pictures that come up in a divorce proceeding. That sounds like a fine explanation. I mean, every divorce involves autographed photos of strippers. He also commingled funds. That’s less easy to explain. [Inside the Ozarks]

* Hey look! They brought back Debtors’ Prison. The prison-industrial complex has gotta get paid somehow. [Bergen Dispatch]

* Federal prosecutors in Manhattan are now looking into David Samson, the chair of the Port Authority of New York and New Jersey and a Christie appointee. If government agencies aren’t for petty revenge and plunder, then what are they for? [Talking Points Memo]

* Insurance company cronies threaten that insurance company may have to get out of the business because of all the lawyers winning cases making the insurance company actually pay their contractual obligations. Don’t they understand the purpose of litigation is just to collect premiums? [Legal Newsline Legal Journal]

* How ACLU attorney Ben Wizner became Snowden’s lawyer. [Forbes]

* “One of the reasons I could never imagine being a lawyer is because you have to account for your time in 15-minute increments.” Thankfully she was corrected and told that lawyers are actually more irritatingly measured in 6-minute increments. [Dear Prudence / Slate]

* With all the talk of patent law reform coming from the President, this is an excellent time to look back at eight dumb patents. [Mashable]

Watching other lawyers in action is fun. Much more fun than watching myself in action, as I have had the opportunity to do on a number of occasions. Such as during my trial training days, when the instructors decided that making us watch clips of ourselves try and conduct a direct examination was valuable. At least they got a kick out of it. But as edifying as watching video of yourself can be, you can learn a whole lot more by watching other lawyers. This lesson was ingrained in me as far back as my 1L “summer clerkship” in New Jersey state court. I remember the clerks gathering around on motion day to check out arguments in front of other judges, mostly to watch the lawyers in action. Ditto for trials.

Of course, once you enter practice — especially in Biglaw, where opportunities to even get out of the office are hard-earned — it becomes even more important to turn opportunities to watch other advocates into learning experiences. Because of the nature of the cases we were handling, many of which involved Biglaw firms of some repute on both sides, there were plenty of opportunities to watch great lawyers in action. Just as frequently, I was able to watch inexperienced lawyers from great firms struggle to get through routine litigation events. I am sure that many other lawyers were forced to endure my inexperienced attempts to handle those events along the way as well. Experienced lawyers just love sitting through a deposition where the questioner spends an hour getting through the educational background of the witness…

double red triangle arrows Continue reading “Beyond Biglaw: Battle Of The Titans”

(c) Image by Juri H. Chinchilla.

On March 5, 1963, Arthur Melin, co-founder of the toy company WHAM-O, Inc., received a patent on the hula hoop. This week, On Remand looks back at the hula hoop and one of the era’s other crazes: Alvin and the Chipmunks.

By the time the hula hoop received its patent in 1963, it had already enjoyed great success. The hula hoop fad started in the summer of 1958, and by fall, WHAM-O had at least twenty-five million customers gyrating and swiveling their hips to keep the hoop in motion. By Christmas, the hula hoop had become the “Tickle-Me-Elmo” of 1958. Everyone wanted one, including a chipmunk named Alvin.

Alvin, and his chipmunk pals Simon and Theodore, also debuted in 1958. Ross Bagdasarian, Sr., a composer, singer, and actor now better known by his stage name David Seville, created the singing squirrels by manipulating the playback speed of his voice on a tape recorder. His gamble – spending $190 of his last $200 on the fancy machine – paid off. By Christmas, one of the songs from the first Chipmunk album, “The Chipmunk Song (Christmas Don’t Be Late),” had reached number one on the charts. In it, Alvin pleads for the year’s hot toy: “me, I want a hula hoop!”

By the mid-60s, Americans had lost their enthusiasm for the hula hoop and Bagdasarian had grown bored with the Chipmunks. When Bagdasarian died unexpectedly in 1972, his son Ross Jr., a chip off the old block, longed to revive his father’s creation. First though, because his father had insisted, Ross Jr. went to law school. . .

double red triangle arrows Continue reading “Career Alternatives For Lawyers: Inherit Valuable Property”

You learn a lot of lessons practicing in Biglaw. A big one is that you can never be prepared enough. There is always another opinion of your presiding judge to read, or a brief drafted by your opponent in an earlier case to review. Anyone who makes it more than a few years in Biglaw learns that lesson. But as much as preparation is valued, and pursued with fervor as an ideal onto itself, there is absolutely no way for even the most idealistic Biglaw recruit to fully appreciate what they are getting themselves into.

As many know, law school itself has little to teach about the realities of Biglaw, other than to idealize it as a fantasy land of big paychecks and “interesting work.” And everyone’s Biglaw experience is so unique that anecdotal tidbits are of limited utility. Does the professor, who so proudly includes on his resume a two year stint as a M&A associate at a white-shoe firm two decades ago, have much actionable advice to give a graduating 3L headed for a first-year post at even that same firm? Not really, except to perhaps suggest that the best type of relationship with that firm is one where it is your former employer….

double red triangle arrows Continue reading “Beyond Biglaw: Traveling Time, Again”

As humanity veers closer to becoming straight-up cyborgs, it was only a matter of time before the law started messing with the course of wearable technology. We’re not ready to deal with a world where we’re all little Robocops accessing the Internet in real-time with a literal blink of an eye. And that means it’s time for some square-peg-round-hole legal challenges.

Someday we’ll have a legal answer for Google Glass. For now, we’ll just have to agree that they look stupid….

double red triangle arrows Continue reading “Wearable Technology Invites Legal Challenges, Dumb Traffic Tickets”

* Congrats to Weil Gotshal and Fenwick & West for getting in on Facebook’s $19 billion acquisition of WhatsApp, the biggest Internet deal in a decade. [The Recorder]

* In South Carolina, you can get arrested for crimes that aren’t even things any more. Like “failure to return a VHS tape.” [Lowering the Bar]

* Drunk lawyer at heart of alleged insider trading scheme. [Dealbreaker]

* Did LBJ colossally screw up the Supreme Court? [Concurring Opinions]

* Were you curious about who would be on the Mount Rushmore of Tax Law professors? No? Well, here they are anyway. [TaxProf Blog]

* The so-called “trial penalty” is really a myth and empirical data confirms that defendants who reject plea deals and go to trial actually garner a “trial discount.” Yep, prosecutors aren’t overreaching at all. [PrawfsBlawg]

* President Obama called for patent law reform in the State of the Union address. Now we have some insight into what he’s thinking about. [Patently-O]

* Congratulations to Matthew Skinner, the next executive director of the LGBT Bar Association of Greater New York! [LeGal]

(c) Image by Juri H. Chinchilla.

Ed. note: This is the first installment of “On Remand,” a legal-history column by new writer Samantha Beckett. You can read her full bio at the end of this post.

The statute of limitations never expires on an interesting legal story, so each week “On Remand” will report on legal aspects of a story from the past using a “this day in history” theme. First up, Beatlemania!

Five years before John, Paul, George, and Ringo crossed Abbey Road, they crossed the pond and invaded U.S. living rooms. Fifty years ago last night, the Beatles appeared on The Ed Sullivan Show for the first time. The floppy-haired Fab Four were warmly welcomed by shrieking fans and America’s version of royalty – the King himself, Elvis Presley. As Ed Sullivan explained before the Beatles took the stage: “You know something very nice happened and the Beatles got a great kick out of it. We just received a wire – they did – from Elvis Presley . . . wishing them a tremendous success in our country.”

It’s safe to say that Elvis’ wish came true. The Beatles won an Oscar, racked up enough Grammys to collapse a shelf, and were inducted into the Rock and Roll Hall of Fame.

By 1978, both the Beatles and the British Invasion were ancient history. Beatles fans consoled themselves with the music of Wings and the solo careers of John, Ringo, and George. And one Beatles fan in particular, Steve Jobs, was busy with his two-year-old computer company, Apple Computer. But that year, Apple Computer would experience a British invasion of its own when the Beatles’ company, Apple Corps (thank Paul McCartney for that pun), sued Apple Computer in Britain’s High Court. The dispute concerned the companies’ similar apple logos: a Granny Smith for Apple Corps, and an icon of an apple with a byte bite removed for Apple Computer….

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