Intellectual Property

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* The Phoenix Coyotes plan to change their name to the Arizona Coyotes. They probably should have looked into whether or not someone had trademarked “Arizona Coyotes.” I don’t care about their name as long as they go back to their awesome original sweaters. [The Legal Blitz]

* As expected, Mayor Bill De Blasio has dropped New York City’s appeal of the stop-and-frisk case. [New York Times]

* As we discussed this morning, Eric Holder had to make a decision on whether or not to pursue the death penalty in the Boston Bomber case. Well, he made it. [CNN]

* No, getting mocked on late night TV is not the same as torture or the mass extermination of human beings. [Popehat]

* What happens when 16 children’s book characters are sent to court? [Visual.ly]

* Here are 5 quick tips to employ when preparing for the bar exam. [BigLaw Rebel]

* Prosecutors aren’t all out to get your client. You need to read the signals to figure out when they’re willing to help. [Katz Justice]

* Unlocking your phone is still a crime. It’s almost as though Congress was deliberately obstructionist on every issue for a whole year. Weird. [Politix]

* Ever wonder how to make the transition from law school to journalist? Here’s one answer from across the pond. [Legal Cheek]

‘Try and make it look painful, we’ve got a bloodthirsty audience here!’

* Allegations that a prison told a death row inmate to “put on a show” while getting a lethal injection. Just when you thought the death penalty couldn’t manifest itself as more cruel and unusual… [NBC News]

* A discussion of how early voting is bad. Apparently, after an electoral dialogue that usually lasts a year or more, we’re all lemmings swayed by the events of the last day of campaigning so there’s no justification for allowing voters to show up three days before the finish line. [Volokh Conspiracy / Washington Post]

* Kentucky legend Richie Farmer’s basketball jersey may be retired, but the Bureau of Prisons decided to give Farmer, now a political figure heading to prison for abusing his office, his old number back as an inmate number. Thanks? [Legal Juice]

* In last night’s State of the Union address, President Obama came out strong for patent law reform. Exactly the issue he needed to rally voters for the midterms! [Patently-O]

* And while it didn’t make the address itself, Attorney General Eric Holder is signaling a new administrative interest in reforming the out of whack sentencing laws. [Sentencing Law and Policy]

* On February 12, our own David Lat will be speaking at Georgetown at an ABA Journal sponsored talk on “#21stCenturyLaw.” Let’s see that hash tag start trending. [ABA Journal]

* Joshua Gilliland of The Legal Geeks reacts to the revelation that the new costuming for next season’s Doctor Who will ditch Gilliland’s beloved bow tie. Our hearts go out to you in your pain. Video embedded below… [The Legal Geeks]

double red triangle arrows Continue reading “Non-Sequiturs: 01.29.14″

Until last month, my entire legal career had been spent at large law firms. With a pretty specialized practice focusing on intellectual property, mainly patent litigation. And until last month, I never really needed to hire a lawyer, with one exception. Thankfully, it was for a good reason, to help me close on my house.

Which my lawyer handled with aplomb, so I am happy to recommend him if someone needs a good generalist solo based out of New York City. Even though my general tendency is to try and learn everything I can about something, when it came to buying a house, I really wanted nothing more than to have someone else deal with all the legal stuff. The fact that I was up for partner, and working pretty hard at my Biglaw firm that year, contributed to making me a “just get it done” type of client. Because I trusted my lawyer, and he demonstrated competence and responsiveness, I never needed to get out of that mode. We closed, I paid, and life went on.

I paid happily, and very quickly, because I had engaged someone to provide a service, and saw the results in a timely manner. Even though it was not a complicated transaction by any means, and I probably could have handled it myself, I valued my lawyer’s contribution and thus was happy to pay. I appreciated the small touches — like being handed a binder with copies of all the signed closing documents right after the closing. At the same time, I never really got engaged in the process enough to care to learn about it.

Comparing the experience I had then to my typical patent matter, the difference is stark….

double red triangle arrows Continue reading “Beyond Biglaw: Myself, A Frustrated Client”

The past year or so has been an epic period for snarky responses to cease and desist letters. We’ve seen hilariously irreverent responses to C&D letters telling off the likes of Starbucks, the American Bankers Association, and the Township of West Orange.

And now Hollywood celebrities are throwing themselves into the mix. Which “seriously out of control” young actor just got saucy over Twitter in response to a lawyer’s letter?

Here’s a hint: Is this kid Lawless?

double red triangle arrows Continue reading “More Fun With Cease And Desist Letters — Now Featuring Celebrities!”

Amy Chua: She’s baaaaaaack!

* “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 ethnic cultural groups are superior? [New York Post]

Here’s a message to all lawyers drafting demand letters. Before you fire off that deliciously evil, in-your-face, incendiary letter replete with all those unreasonable demands you dreamed up over the last 30 minutes of editing, take a good hard look at what you’ve written, and then stop. Just… stop.

What did you think you were going to gain? Did you hope it would help your letter stand out? Prove to your adversary that you’re really serious? Set a bold opening bid for negotiations? Are there visions of a terrified person reading your letter and running to the phone to give your client everything under the sun?

Because none of that is going to happen. All you’ve managed to do is torpedo your credibility… and now you’ll probably end up getting trolled by a popular legal industry website.

Take, for example, these guys, whose string of ridiculous demands not only failed to reduce their adversary to jelly, it elicited a declaratory judgment suit.

So the question is, “Would You Rather: Be self-satisfied over your own cleverness or save your client from litigation?”

double red triangle arrows Continue reading “Lawyer Writes Absurd Demand Letter And Gets Called Out In Court”

‘F**kin’ intellectual property, bro!’

This year certainly had its share of ups and downs in terms of lawyerly antics, but in our minds, 2013 shall forever be known as the year of the snarky cease and desist response letter. Back in June, we broke the news of the now famous response to a cease and desist letter received from the Town of West Orange, New Jersey, which went viral worldwide thanks to the power of sarcasm. A few months later, we wrote about an equally entertaining response to a cease and desist letter received from the American Bankers Association, rife with Spice Girls lyrics and Valley girl lingo.

It’s been a while since we wrote about one of these treasures, so we figured we’d close the year out with a bang. We discovered yet another amazing response to a cease and desist letter, and this one may be the greatest of them all — if only because we think its author might have been drunk while writing it….

double red triangle arrows Continue reading “The Greatest Response To A Cease And Desist Letter, Probably Written While Drunk”

* 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]

* 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]

* 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]

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