Intellectual Property

Law Firm Merger Mania: Townsend and Kilpatrick Kill Talks

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Back in May, we reported on merger rumors involving Kilpatrick Stockton and Townsend and Townsend and Crew. As it turns out, the firms were in talks — but now those talks have fallen apart.

As the two firms told the Daily Journal, the talks were called off because of a familiar reason: potential client conflicts. According to a statement issued by Kilpatrick’s co-managing partner, William Dorris, “We explored merger discussions with our friends at Townsend, but clients always come first. When client-related conflicts could not be resolved, we could not proceed further.”

What made the merger alluring initially?

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Cease-and-Desist Letter of the Day: Is That a Lightsaber in Your Pocket?

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I kind of blew my Star Wars referential load when we found out that the Star Wars Kid was going to law school. But that was weeks ago. Who could have known that in the past month Lucasfilms would become embroiled in some actual legal battles? Earlier this week, we found out that pregnant women have a bad feeling about working for the company. And on Tuesday, CNN reported that Lucasfilms sent a cease-and-desist letter to a laser pointer company because their product looks too much like the iconic lightsaber:

“Star Wars” creator George Lucas wants to force a laser company to stop making a new, high-powered product he says looks too much like the famous lightsaber from his classic sci-fi series.

Lucasfilm Ltd. has sent a cease-and-desist letter to Hong Kong-based Wicked Lasers, threatening legal action if it doesn’t change its Pro Arctic Laser series or stop selling it altogether.

I actually own a full sized lightsaber replica (of course I do — do I look like I got laid ever in high school). It lights up (red, d’uh, have you met me?), and it makes all the sounds when you swing it around. And let me tell you, this laser product looks nothing like a real lightsaber…

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The Supreme Court’s Last Day: A Round-Up

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Today was the last day of the Supreme Court term (and also the last day on the Court for Justice John Paul Stevens). The SCOTUS handed down four blockbuster opinions — on the same day that the confirmation hearings of Elena Kagan are starting. Coincidence?

In alphabetical order, the four cases are (click on each case name to access the ScotusWiki page):

  • Bilski v. Kappos (patent law): “Whether a ‘process’ must be tied to a particular machine or apparatus, or transform a particular article into a different state or thing (‘machine-or-transformation’ test), to be eligible for patenting….”

  • Christian Legal Society v. Martinez (First Amendment right of association): “Whether a public university law school may deny school funding and other benefits to a religious student organization because the group requires its officers and voting members to agree with its core religious viewpoints.”
  • Free Enterprise Fund v. Public Company Accounting Oversight Board (separation of powers): “Whether the Sarbanes-Oxley Act is consistent with separation-of-powers principles — as the Public Company Accounting Oversight Board is overseen by the Securities and Exchange Commission, which is in turn overseen by the President — or contrary to the Appointments Clause of the Constitution, as the PCAOB members are appointed by the SEC.”
  • McDonald v. City of Chicago (guns / Second Amendment incorporation): the applicability of the Second Amendment to state and local governments.

How were these cases resolved? Find out, after the jump.

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Misadventures in Trademark Law: Faegre & Benson Helps Pigs Fight Unicorns

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No, this isn’t about a lawsuit arising out of the writing of Animal Farm II: Sharks on Retainer — but who knows, my original thought for a post title might be subject to trademark infringement.

More on that later; for now, let’s turn our attention to this delicious product offered by ThinkGeek (which went on sale April 1, 2010):

As a connoisseur of unicorn delicacies, I was annoyed when the ThinkGeek people exposed this product to the general pubic. We’ve already got the Care Bears on our ass; we certainly don’t need PETA getting wind of this tasty treat.

But who knew that this entirely fictional April Fool’s joke would come to the attention of the National Pork Board and their legal representatives at Faegre & Benson…

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Franklin Pierce Law Center In Talks to Merge with University of New Hampshire

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Franklin Pierce Law Center.JPGWe’ve got another public university in New England looking to acquire a third tier law school. But don’t worry, we’re not looking at another Southern New England School of Law/UMass situation. There, UMass acquired the unaccredited Southern New England under the guise of making a place for public interest lawyers in Massachusetts — at the tune of $23,565/year.
In contrast, the University of New Hampshire wants to form a partnership with Franklin Pierce Law Center — a New Hampshire institution that has been accredited since 1974. Here’s the top news from the FPLC press release:

University of New Hampshire President Mark W. Huddleston and Franklin Pierce Law Center President John D. Hutson announced today that the two institutions have approved an affiliation agreement, the first step in a multi-year process toward full merger. The Pierce Law board unanimously approved the affiliation March 4 and the University System of New Hampshire Board of Trustees approved it March 15.

As you parse through the press release, you’ll note that there’s not a lot of the disingenuous public interest lawyer rhetoric that UMass/Southern New England tried to sell.

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Nationwide Dissolution Watch: Darby & Darby Going Down

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Darby Darby logo.jpg Darby & Darby, an intellectual property boutique with a strong presence in New York and Seattle is going under. Last night, tipsters reported serious trouble for the firm that has been around since 1895. Multiple sources put the news in similar, explicit language:

Darby & Darby is shutting down, [Friday].

This morning, Darby & Darby released an official statement:

It is with a heavy heart that we announce that after more than 100 years in continuous operation, Darby & Darby will begin the process of winding down the firm in anticipation of an orderly dissolution. While we continue to have exceptional clients, from individual inventors to Fortune Global 500 Companies, and remain profitable, many of the factors frequently cited in other firm’s demise have similarly impacted us. That said, we believe strongly in the IP boutique model which continues to produce some of the best legal talent in the Intellectual Property field. We will be working with all of our amazing and loyal professionals and staff to help them find new homes and know they will be very successful wherever they land.

Tipsters report that the news has been running all over the firm’s New York and Seattle offices since last night. And they are telling stories of partners in the know “looting” the firm and aggressively looking for other work…

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Did Cornell Law School Violate IP Law with its ‘Nard Dog’ Ad?

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Cornell Law School Andy Bernard The Office Ed Helms.jpgCornell’s use of Andy “The Nard Dog” Bernard to promote its law school was a questionable decision. Alumni are saying it makes their toolish reputation even worse, and some are calling for someone at the law school to be fired.

After news outlets like TMZ and Entertainment Weekly picked up our story, the school rethought the promotional item. (Even though over 35% of our readers thought it was a brilliant idea.)

One problem with the ad is that Bernard is a total douche. From CLS alumnus METAezra:

For those of you who don’t quite understand the problem with this (beyond the fact that the ‘Nard Dog has no ties to the Law School), Andy Bernard is like the uncle in your family that nobody quite likes. You can laugh at him in the presence of good friends, and smirk at him in the presence of polite company. But you don’t bring him up unless asked.

There may be a much bigger problem with the ad, though. It may reveal that the law school doesn’t have a very good handle on intellectual property law…

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Job of the Week: Can You Smell the Ocean?

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Thumbnail image for Job of the Week Lateral Link ATL logo.gifWe often get excited about the Job of the Week, but this one is particularly delicious. If we were junior litigators, we’d do 100 trips up and down the Santa Monica stairs just to apply to this spot (which is convenient, since they are nearby).
A top-notch boutique firm, overlooking the ocean, with no billable hours and a compensation package that could be two to three times market…. What’s the catch? You have to have graduated from the top of your class at a top 10 law school. This position is a Lateral Link exclusive, so if you are interested in being considered for it, contact the good folks over at Lateral Link.
Position: IP Litigation Associate
Location: Santa Monica, CA
Description: An IP litigation boutique seeks an attorney with 1 to 3 years of experience. The successful candidate would be expected to quickly develop the skill and experience needed to run his or her own cases, draft and argue key motions, take depositions, manage client relationships, handle settlement negotiations, and participate in arbitration and trial.
Compensation will depend in part on experience level but will be market-competitive and consist of a base salary and firm-revenue-based bonus. There is no cap on the upside. Compensation may surpass market rates by a multiple of 2-3 times, depending on firm revenues. A clerkship bonus is also available.
Requirements and a link to the full listing, after the jump.

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Who Dat Sey Dey Own Dat Chant?

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Who Dat chips.JPGBack when I used to practice law, I had the opportunity to do some low-level IP work for the National Football League. As Biglaw work goes, it was pretty fun. And I remember the staff lawyers at the NFL as a very nice and engaging group of men and women.
But sometimes, the IP gurus at the NFL really know how to act like an immense turd in a punch (super) bowl. Remember when the NFL cracked down on the “unlicensed” use of the term Super Bowl? Then there’s the NFL’s ongoing ridiculousness with American Needle. For the overlords of a sport that claims to be “America’s passion,” the NFL has a curious way of crushing the life out of anything that could even slightly siphon a dollar away from their clever system of unlimited revenue potential and fixed labor costs.
But the latest example of the NFL blitzing small entrepreneurs is arguably more ridiculous than everything that has come before. The NFL is claiming ownership over the phrase “Who Dat.” According to WWLTV in Louisiana, the NFL wants to own a chant:

As the Saints’ appearance in their first Super Bowl gets closer, the marketplace is being flooded with Saints merchandise and memorabilia as businesses are looking to cash in on the euphoria, but the NFL is cracking down on the use of their trademarks, including the iconic phrase “Who Dat.”

For those who haven’t had the pleasure of taking in a football game at the Superdome, the full chant goes: “Who dat? Who dat? Who dat say dey gonna beat dem Saints?” So let’s be clear — the NFL claims it owns a chant of ungrammatical pidgin English that can’t even be pronounced properly without using a Bobby Boucher accent. The NFL doesn’t have what they call “the social skills.”
More details after the jump.

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J.D. Salinger, R.I.P.

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Catcher in the Rye JD Salinger.jpegJ.D. Salinger, the celebrated (and reclusive) author of The Catcher in the Rye, passed away yesterday. He was 91.
Salinger died of natural causes at his home in Cornish, New Hampshire, according to a statement from Salinger’s literary representative.
Is there a legal angle here?

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Pls Hndle Thx: The $100,000 Question

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Ed. note: Have a question for next week? Send it in to advice@abovethelaw.com.

pls hndle copy 2.jpgATL Editors,
I just got my grades, and needless to say they were less than stellar, approximately a 2.0 GPA. I got my Biochemistry PhD prior to attending a 2nd tier law school on a great scholarship, but now I stand to lose my scholarship lest I get a 4.0 (obviously unlikely due to my struggle this past semester).
What do I do? Obviously I need to buck up, work on my writing skills, and work harder at learning how to take law tests. However, I will now be forced to pay full price for two years of law school.
Assuming my grades will be mostly A’s and B’s going forward, do I still have a chance at a decent firm paying a decent enough wage to fend off the potential debt? Or should I pack it in and say it was a nice try?
– C Change

Dear C Change,
Can someone please explain to me what the hell people with advanced degrees are doing in law school? Law school is for generically smart people who lack other marketable money-earning skills. It is your duty as someone with a biochemistry Ph.D. to do important things like develop AIDS vaccines or effective cellulite treatments. Or just go to Pfizer and make a bagillion dollars ASAP. God did not intend for you to squander your math and science skills in a monkey hole somewhere attaching schedules to Chipotle securities offerings. That’s why He invented outsourcing.
The downfall of many smart people — such as yourself — is that they think they’re great at everything. If you’re getting multiple C’s your first semester at a T2 school,um, outlook NOT GOOD. Use that big brain of yours to cut your losses and quit, rather than rack up $100,000 just to slog through a degree because of pride. One advanced degree is enough! Mother always said you were greedy.
Listen, law isn’t your strong suit. It wasn’t mine, either. And that’s ok. You clearly excel in the sciences; I’m gifted at insulting people in fresh and exciting ways. We must each capitalize on these divine talents to forge our careers.
I hope this helps.
Your friend,
Marin

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Associate Bonus Watch: ‘Special’ Bonuses at Fish & Richardson

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2009 Associate bonus watch above the law.JPGWho says “special bonuses” are so 2007? Earlier this week, we reported that Irell & Manella paid supplemental bonuses to its associates that took total bonuses to twice the Sullivan & Cromwell scale.
Today we bring you the news that another firm, intellectual property powerhouse Fish & Richardson, is also going the extra mile on bonuses. From an FR attorney:

Fish & Richardson announced “special” bonuses [last week]. Basically $10K for non-equity principals and $2K for paralegals and administrative staff…. This is on top of the regular bonuses, which is made up of an “hours” component (certain amount of guaranteed bonus per 100 hours billed) and a “merit” bonus.

With all of this added up, some associates’ bonuses blow the Cravath scale out of the water. Happy New Year indeed!

The full memorandum, from president Peter J. Devlin, after the jump.

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