Intellectual Property

  • US china flags

    China, Trademarks

    Talk To Michael Jordan, Not Michael Bastian, About China Trademarks

    If you want to protect your brand in China, there’s only one thing to do: file a trademark application in China now, before someone else does it for you.

    / Aug 3, 2015 at 10:06 AM
  • Transportation_Security_Administration_officer_screening_a_bag

    Non-Sequiturs

    Non-Sequiturs: 07.31.15

    * TSA officials in Houston are checking hundreds of sorority girl bags because the convention book — that all of them have — keeps raising red flags. Now, Underhill thinks TSA should have figured this out and stopped checking. But that’s just what those girls from ΙΣΙΣ are banking on. [Lowering the Bar]

    * Don’t recommend people on the grounds that they “don’t have enemies.” It’s not a compliment unless you immediately follow it with, “… anymore.” [What About Clients?]

    * The ABA tries to make it harder to game the U.S. News rankings. That doesn’t sit right with law schools. [TaxProf Blog]

    * The tech industry doesn’t understand labor law. Which is weird, because you can Google that s**t. [PrawfsBlawg]

    * Venable not liable for alleged puffery. The firm is just glad it can go back to being the greatest lawyers on the face of the Earth. [The Blog of the Legal Times]

    * The intellectual property concerns of cosplay. Remember if you get sued, the people dressed like Daredevil and She-Hulk aren’t actually able to help you. [IP Watchdog]

    * Elie discusses the Samuel DuBose killing and Pell grants. [Legal Broadcast Network via YouTube]

    https://www.youtube.com/watch?v=T5IFKRZoT6g

    12 Comments / / Jul 31, 2015 at 5:01 PM
  • books

    Copyright, Music

    Law Librarians May Have Killed World’s Biggest Copyright Troll

    A copyright troll may be singing a different tune after this week.

    31 Comments / / Jul 30, 2015 at 12:42 PM
  • Businessman Consulting Glowing Crystal Ball

    Boutique Law Firms, Intellectual Property, Partner Issues

    What’s Going On At Kenyon & Kenyon?

    It sounds like this prominent intellectual-property firm is in trouble.

    23 Comments / / Jul 10, 2015 at 10:31 AM
  • The holy sacrament?

    Morning Docket

    Morning Docket: 07.09.15

    * According to Justice Jeanette Theriot Knoll of the Louisiana Supreme Court, the SCOTUS decision in Obergefell was not only “horrific,” but it was also “a complete and unnecessary insult to the people of Louisiana.” Gee, tell us how you really feel. [Slate]

    * The First Church of Cannabis filed a discrimination suit against Indiana and Indianapolis, claiming laws against marijuana use and possession are infringing upon its members’ beliefs. We’re sTOKEd to see the outcome here. [Indianapolis Star]

    * In case you missed it yesterday, a federal judge upheld the TTAB’s prior ruling on the Washington Redskins’ name, and ordered that the team’s trademark registrations be canceled. The team is going for a Hail Mary at the Fourth Circuit. [Washington Post]

    * Ex-associate Elina Chechelnitsky’s sexual harassment and gender bias lawsuit against McElroy Deutsch, filled with allegations of better bonuses for men and creepy flirtations, was settled out of court. You go, girl. [New Jersey Law Journal via ABA Journal]

    * Crowell & Moring recently dropped a suit against a former client that had allegedly failed to pay almost one million dollars in legal fees. There’s no word on whether the conflict was ever resolved, but if it wasn’t, it’s nice to see the firm isn’t hurting for cash. [Legal Times]

    9 Comments / / Jul 9, 2015 at 9:05 AM
  • Hilary Bricken

    Marijuana, Patents

    The Possibility Of Marijuana Plant Patents

    Patents may soon be joining state-law trademarks, copyrights, and trade secrets, as an effective way to protect cannabis intellectual property.

    / Jul 6, 2015 at 4:20 PM
  • Telephone wires

    Intellectual Property, Privacy

    Do Not Call Keeps Ringing

    The Telephone Consumer Protection Act (TCPA) prohibits the initiation of “any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior consent of the called party.”

    / Jun 26, 2015 at 1:00 PM
  • US china flags

    China, Intellectual Property

    8 Tips For China Licensing Agreements

    With this knowledge at the ready up your sleeve, your clients will be in a much better situation when attempting to license their IP rights to Chinese companies.

    / Jun 22, 2015 at 4:45 PM
  • Technology in the hands

    Litigators, Patents, Small Law Firms

    Beyond Biglaw: Picking A Side In The Patent Wars

    Patent litigators: no matter whom you represent or what you are doing on that client’s behalf, expect vocal criticism of your actions from some quarter.

    13 Comments / / Jun 16, 2015 at 10:01 AM
  • e-filing efiling electronic filing

    Litigators, Small Law Firms, Technology

    Beyond Biglaw: The End of Paper Filing in the S.D.N.Y.

    Change is constant, as columnist Gaston Kroub notes: starting yesterday, filing civil cases in the S.D.N.Y. will be done electronically in the vast majority of cases.

    6 Comments / / Jun 9, 2015 at 11:48 AM
  • via Flickr user jeffreyw

    Non-Sequiturs

    Non-Sequiturs: 06.05.15

    * Cue the Subway song: 130 Million. 130 Million Dollar. 130 Million Dollar Sandwich! [Law360]

    * Lawyers who denigrate jury duty become inmates who denigrate jury duty. [Las Vegas Review-Journal]

    * Vox gets into the business of opining on law school. It takes a decidedly more enlightened approach than Slate. [Vox]

    * After arresting a guy for crack possession and figuring out it was really “cracker crumbs,” the cops charged the guy with obstruction because admitting you’re wrong is so passé. Thankfully the cooler heads of the judicial system prevailed and the guy is getting a $35,000 settlement for his troubles. Did he have Wheat Thins? Because I’m pretty sure those are crack. [NJ.com]

    * Oil heir Al Hill III, whom we’ve previously described as, “by most accounts, the epitome of the spoiled rich kid you desperately want to punch,” owes his lawyers some money. Like $40.9 million worth. [Texas Lawyer]

    * Crowdsourcing: Is this racist? Personally, I think no if specifically intended as a parody, but we’ll see. [What About Clients?]

    * On Tuesday, June 23, David and Seventh Circuit Judge John Tinder will be discussing “Judging, Clerking, Ethics, and Ambition” in the context of Supreme Ambitions (affiliate link) at the Conrad Indianapolis at 50 West Washington. So, you know, swipe right if you’re excited about seeing Judge Tinder. Full details at the link.
    [Federalist Society]

    8 Comments / / Jun 5, 2015 at 5:01 PM
  • Josh Seiter (Photo by The Bachelorette/ABC)

    Morning Docket

    Morning Docket: 05.20.15

    * Thus far, five law schools — Hawaii, Iowa, St. John’s, Drake, and Buffalo — have decided to drop the LSAT for top-performing applicants, and it’s no surprise that all five law schools have watched their enrollment numbers take traumatic tumbles. [Bloomberg Business]

    * “[E]veryone calls colleagues for advice, particularly when we get gnarly jury notes.” As it turns out, judges in the Southern District of New York are big proponents of the “phone a friend” lifeline for their trickier cases. FYI, those friends are never law profs. [New York Times]

    * Well, that was incredibly quick! Josh Seiter, the 2013 graduate of Chicago-Kent Law who’s built a successful career stripping, working as an escort, and appearing on reality TV shows, didn’t even make it past the first rose ceremony on The Bachelorette. [Heavy]

    * Without WARNing? Butler & Hosch, one of the largest foreclosure firm’s in the country, decided to abruptly close up shop, leaving hundreds of attorneys and staff members of out work. Sources have told us that the firm was unable to make payroll. [Orlando Sentinel]

    * Sorry, boutiques, but according to Lexis/Nexis CounselLink’s Enterprise Legal Management Trends report, the biggest of all Biglaw firms are controlling the market when it comes to performing specialized IP litigation work. [DealBook / New York Times]

    * As we mentioned previously, Sam Kamin of Denver Law is the first professor to hold a pot law professorship. Here’s an interesting Q&A with the law firm partner who came up with the idea. See Prof. Kamin at our marijuana law event in June. [National Law Journal]

    33 Comments / / May 20, 2015 at 9:02 AM
  • Hans Solo Face

    Movies

    Why Is The Best Version Of Star Wars Illegal?

    This is why you can’t (legally) watch the best version of Star Wars.

    38 Comments / / May 14, 2015 at 4:51 PM
  • US china flags

    China, Intellectual Property

    Giving Your IP To China

    Countless American companies give away all rights to their designs in return for saving money on product development and an appropriate Product Development Agreement. Chinese manufacturers are all too happy to oblige.

    / May 4, 2015 at 10:07 AM
  • Katy Perry

    Morning Docket

    Morning Docket: 04.24.15

    * The Girl Scouts of Suffolk County are teaming up with Touro Law to create a justice patch so young women can learn about the law and legal careers. If only the law school would help its grads earn the jobs patch! [National Law Journal]

    * After going through the fuss of having Greenberg Traurig send out a cease and desist letter to a designer who created a 3D printed figurine of Left Shark after the Super Bowl, Katy Perry’s trademark application for cartoonish sea creature has been denied. [SPIN]

    * Douglas Boggs, son of the late Thomas Boggs, Jr., is planning to ditch Squire Patton Boggs for Manatt Phelps & Phillips as soon as next week. Poor SPB, because now the firm isn’t going to have a single Boggs left to speak of. [Big Law Business / Bloomberg BNA]

    * ” This is a country that has made great progress, but there is still more to do.” Now that Loretta Lynch has finally been confirmed as our next attorney general, it’s time to step back and take a look at Eric Holder’s historic legacy in the position. [MSNBC]

    * The Orrick partner who defeated Ellen Pao’s gender discrimination case against Kleiner Perkins has now been hired to fend off another gender-bias suit filed against Twitter. Imagine what it’s like to be the go-to lawyer for Silicon Valley tech bros. [WSJ Law Blog]

    18 Comments / / Apr 24, 2015 at 9:05 AM
  • Oliver

    Patents

    John Oliver Utterly Destroys Patent Trolls

    Hilarious and biting takedown.

    33 Comments / / Apr 20, 2015 at 12:46 PM
  • Lake Whillans

    Intellectual Property, Litigation Finance

    This Entrepreneur Nearly Lost His Company. Here’s How Litigation Finance Helped Him Fight Back

    As much as the landscape for biotechnology startups has changed over the last decade, one thing that hasn’t changed is this: Intellectual property is the beating heart of a business.

    / Mar 26, 2015 at 3:13 PM
  • These chocolates come with a search warrant.

    Morning Docket

    Morning Docket: 03.16.15

    * Last week in court, a murder suspect in Louisiana apparently pooped his pants during a case status hearing, wiped said poop all over his face, and muttered to himself that “life is like a box of chocolates.” Sorry about that crappy candy, dude. [New Orleans Advocate]

    * According to early Am Law 100 data, New York’s most elite and prestigious firms have once again broken away from the rest of the pack when it comes to both revenue and partner profits. Biglaw’s best may be back to models and bottles. [Am Law Daily]

    * Michelle Lee, the first woman to ever serve as director of the USPTO, was sworn in on stage at SXSW Interactive. Michelle Lee, who worked with the Girl Scouts to issue a patent patch (instead of more makeup and sewing patches), is pretty damn awesome. [Mashable]

    * The federal judiciary has plans to decrease the word limit of appellate briefs from 14,000 to 12,500, and lawyers are pissed. Lawyers from Brown Rudnick say it could result in more acronyms, confusing construction, and less “punctilious citation,” oh my! [WSJ Law Blog]

    * Lee Smolen, the ex-Sidley Austin partner who faked $69,000 in travel expenses while at the firm (and possibly $379K more), has been suspended from practice for one year and will have to undergo psychiatric treatment. [Legal Profession Blog via ABA Journal]

    * Taking New York’s lead, California is considering requiring all would-be attorneys in the state to complete 50 hours of pro bono work within one year of being admitted. Leave it to people who don’t know what they’re doing yet to close the justice gap. [Los Angeles Times]

    29 Comments / / Mar 16, 2015 at 9:02 AM