A few months back, we covered New York State’s unfortunate decision to engage in base IP trolling. The state farmed out its rights to a property rights management firm, who then started bringing outrageous claims alleging violations of Albany’s trademark on “I ♥ NY.” Specifically, the firm in question not only pressured a coffeehouse into ending its “I [coffee cup] NY” campaign, but then asked for an accounting of the profits to calculate a damages claim.
Sadly, New York has not since exited the trolling world.
A couple weeks back, a new set of attorneys for the New York State Department of Economic Development — the agency holding the trademark — sent a threatening letter to a model train manufacturer.
Move over Prenda, there’s a new IP troll in town and it’s New York State.
Or at least the third-party agency assigned to protect New York’s trademark, and it’s harassing everyone it can find over an iconic image that few would recognize as a trademark.
But what elevates this trolling to a new level is that enforcing this trademark actually frustrates the mission of the holder. And isn’t promoting the business of the holder kind of the whole point of intellectual property protection?
And what really elevates this case is that the IP troll is literally sticking it to the Everyman…
I imagine Mr. Pink doesn’t tip at Starbucks. Hell, I don’t “tip” at Starbucks. Occasionally, I don’t feel like having 30 cents clanging around in my pocket all day, so I throw it in the tip jar. But there’s only so much I can pay for a cup of coffee in good conscience.
Apparently, there’s a lawsuit kicking around the New York Court of Appeals over who owns the tips at Starbucks. The baristas are fighting to keep control over the jar and not share the tips with assistant managers.
It’s kind of sad. At this point, why not just dump the tip jar out on the floor at the end of the day and watch them fight over it…
Despite his status as an Article III demigod, Chief Justice John Roberts is a man of the people. Instead of reclining on a divan while eating frozen grapes fed to him by eunuch law clerks, which is how I’d roll if I were the Chief Justice of the United States, JGR patronizes places like Cosi, Au Bon Pain, and Carmine’s.
And the chief even goes to Starbucks — where His Honor recently revealed something surprising about himself….
* Man busted for drunk driving in a toy car. I hope it’s still legal for me to get wasted and operate my remote control Grave Digger, or else my Saturday night is screwed! [Legal Juice]
* This is a good question: where does the Biglaw coffee come from? I’d also ask the question, “why does it always taste like s**t?” and “how come they serve it to you in thimbles?” Bottom line, back in the day, when secretaries or interns used to make the coffee, you could get coffee just the way you like it, not some generic crap from whatever minimum wage worker handles the machine in the firm cafeteria. [Law and More]
* What nannies need to know about Workers’ Compensation. OR: What expectant fathers wish nannies didn’t know about workers’ comp. [National Nannies]
* Gene patents may truly be capitalism at its worst. [WSJ Law Blog]
Law students, we know that finals time is rough, because we’ve all been there. Sometimes getting together with a study group is a great way to take the edge off (not to mention a great way to “suceed” with friends). Amid the excitement of the fall 2011 bonus season, these kids are buckling down and studying their tails off, in the hopes of some day getting a dime of what Biglaw associates are currently complaining about.
And like good little scouts, these law students are prepared. Okay, maybe some of them are a little bit too prepared. When your classmates email us to let us know that they hate studying at the law school because of you, maybe you need to give it a rest….
As any law student can tell you, pulling an all-nighter sucks. Biglaw associates, however, have to pull all-nighters quite frequently — and sometimes they’ll have to get by with very little sleep, for multiple nights in a row. As one of our Above the Law editors mentioned to me, a Biglaw all-nighter “is nothing like any other kind of all-nighter [he's] ever experienced.”
So what happens when you’re on your eighth caffeinated beverage of the night and you’re still yawning? You can literally feel the small amount of blood left in your coffee stream getting ready to stage a strike if you don’t catch a few Z’s. As a young lawyer, would you even consider going to sleep? And would your firm approve?
Hell no. Don’t even think about it. You can sleep when you’re dead. But for now, you get a futuristic-looking pod to take a nap in….
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: email@example.com.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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