Our Version Of… Trademark Infringement?
Some trademark disclaimers are more valuable than others -- and some are completely worthless.
Policing Trademarks In A Social Media World
When protecting a brand via cease-and-desist letter, what you say isn't as important as how you say it.
AI Is Killing Legal’s Billable Hour. It’s Also Repeating Its Worst Mistake
Law firms and legal departments are writing the future of the profession in separate rooms. What happens when they actually work together?
Wikipedia Keeps A Record Of Your Edits — These People Don’t Seem To Know That
Why do Federal Reserve employees who make economic forecasts own a company selling private economic forecasts?
Intellectual Property On The Music Festival Main Stage
Almost everything having to do with music festivals involves IP law, including the counterfeit merch you bought.
Policing Amazon?
Here's an idea: Amazon should develop its own arbitration system to resolve IP disputes.
When The Emperor Has No Clothes: 3 Tips To Avoid Inadvertent ‘Naked Licenses’ Under Trademark Law
Even the most seasoned parties and professionals can easily overlook this -- to their detriment.
Opus 2 Steps Up Its AI Game With Acquisition Of A Legal Tech Startup
With the addition of Uncover’s technology, the litigation software is delivering rapid innovation.
Morning Docket: 09.26.17
* Winston & Strawn becomes the latest firm slapped with a gender bias suit. The article is fixated on the fact that the plaintiff went to high school with Obama, but the more fascinating aspect of the story is that it "has not yet been previously reported," which I think means there's a time machine involved. [The Recorder] * As a general rule, if someone contemporaneously points out, "we're laundering money," it should raise a red flag. [Law360] * A new bill would exempt law firms from laws against abusive debt collection practices because some people don't think the legal profession is objectionable enough and maybe a policy carveout allowing them to send Rocko out to crack client heads might just do the trick. [Detroit News] * It's a shotgun wedding! If you replace "shotgun" with "risk that a material witness would be compelled to testify against me." [Lowering the Bar] * BarBri seems to have successfully escaped the $50 million antitrust lawsuit it faced. [Law.com] * Velcro has a music video urging people to call their product "hook-and-loop" to protect their trademark. Because if you want to reverse decades of informal association, try to convince people to use the stupidest name ever. [Velcro] * Could a Vulcan adopt a human child? Sure, but who wants to be a Vulcan? Tell me if I can ever realize my dream of being adopted by Zaphod Beeblebrox. [Legal Geeks] * Here's a disturbing video of a couple of ICE agents harassing an American citizen. Oregon lawmakers are calling for a federal investigation. When I recently spoke to former DHS Secretary Janet Napolitano, she explained how her office put in tremendous effort to ensure that immigration enforcement agents on the ground understood their legal limits. It would seem this administration is less focused on that. [ACLU of Oregon] https://www.youtube.com/watch?v=Glb0LJ7XX_k
Morning Docket: 09.14.17
* So now we're going to save DACA? Honestly, watching a White House with no coherent vision is exhausting. [Los Angeles Times] * Trump's FEC nominee raises eyebrows because his Twitter feed includes linking to articles explaining that “Protestantism is poison.” That's an unexpected wrinkle in 2017, but then again... nobody expects the Spanish Inquisition! [National Law Journal] * Do the Big 4 accounting firms pose a threat to Biglaw? Um, yes! [Am Law Daily] * Squire Patton Boggs isn't entitled to squirepattonboggs.net according to an international arbitration panel. Put aside the merits of this decision and spend a few minutes cruising squirepattonboggs.net. It's kind of hilarious. [Asian Lawyer] * A new online program promises to help women get out of Biglaw. [Law.com] * Yesterday, jurors heard that employees of payday lender AMG Services were fed weather reports so they could make small talk without revealing that they weren't really on the tribal lands that offered them legal cover. You've got to appreciate how thorough they were. [Law360] * Attorney sentenced for orchestrating a scheme that swindled NFL players. [Chicago Tribune]
Morning Docket: 08.21.17
Ed. note: We're sure you already know this, but there's a total eclipse today. If you're planning to watch the eclipse, make sure you do so safely. Enjoy and have fun! * More than 30 percent of law students are minorities, but only 15 percent of lawyers and less than 9 percent of partners are attorneys of color. Racial diversity in law firms seems to have flatlined, but some law firms are doing a little better than others when it comes to recruiting and retaining minority lawyers. We'll have more on this sometime soon. [Law360 (sub. req.)] * Is "Google" undeserving of trademark protection thanks to genericide? "There is no single word other than google that conveys the action of searching the Internet using any search engine," and perhaps that's why Chris Gillespie, who lost his case at the Ninth Circuit when he attempted to have Google's trademark invalidated, has applied to the Supreme Court for certiorari. [Ars Technica] * Judge Jim Hinkle of Gwinnett County, Georgia, who was suspended after posting some controversial remarks about Charlottesville on Facebook -- i.e., comparing "snowflake" counter-protesters to ISIS because they were "destroying history" -- has officially resigned from the bench. [Atlanta Journal-Constitution] * James Alex Fields Jr., the 20-year-old accused of ramming his car into a group of counter-protesters in Charlottesville, Virginia, killing one and injuring numerous others, has been charged with five additional felony counts on top of the five he was already facing, one of which was second-degree murder. [CNN] * Some law schools are doing more than others when it comes to helping students with mental health and substance abuse issues. While some law schools are offering students and professors an impressive suite of awareness, reporting, and counseling services, others are a bit behind the eight ball. [Daily Report] * In what could very well be one of the first virtual law firm mergers, FisherBroyles and Ntellect Law, two cloud-based firms, have tied the knot, combining to form the largest law firm of its kind. Kevin Broyles, the firm's co-founder, thinks the firm will join the Am Law 200 by 2018. [Am Law Daily]
Non-Sequiturs: 08.17.17
* Which celebrity court appearances were the very best? [Jezebel] * What's in a name? The legal battle over the trademark for "Charlotte." [The Fashion Law] * Going crazy waiting for bar exam results? Some tips to get through the waiting game. [Excellence in Law School] * A law prof asks: Should I retire? [TaxProf Blog] * ICYMI, here's a recap of yesterday's #LegalCareerChat on Twitter, with our very own David Lat. [ABA Legal Career Central] * The crimes in Charlottesville could be prosecuted as hate crimes. They won't, but they could. [The Hill] * The role of income inequality in criminal justice reform. [Harvard Magazine] * A look at voting rights litigation under President Trump. [Take Care]
Filevine’s New Legal AI Platform LOIS Turns AI Into A True Legal Coworker
Legal work isn’t slowing down, and the firms that win won’t be the ones working harder — they’ll be the ones working smarter.
Morning Docket: 08.16.17
* Could this be the case that puts the nail in the death penalty's coffin? Justice Breyer probably hopes so. Neal Katyal of Hogan Lovells has asked the Supreme Court to hear an Arizona death row inmate's case, arguing that the state's death penalty law is unconstitutional and that it must be struck down. [BuzzFeed] * "[T]he Tiffany trademark is not something to be trifled with." Judge Laura Taylor Swain of the Southern District of New York has ruled that Costco must pay more than $19 million after selling rings and attempting to pass them off as a luxury brand by using and infringing upon the Tiffany trademark. Treble damages are a bitch, and Costco plans to appeal. [New York Law Journal] * After a special Senate primary, former Alabama Supreme Court Chief Justice Roy Moore, who was once removed from his post and later suspended from it, and Senator Luther Strange, who was appointed to fill the seat formerly occupied by AG Jeff Sessions, will face each other in a runoff for the state's GOP nomination. Voters seem thrilled with their options. [New York Times] * A former law firm partner who is accused of creating a fake Match.com account using the name of a real female attorney and allegedly signing her up for emails from a weight loss surgery company, the Obesity Action Coalition, and Pig International -- all from his law firm computer -- is facing discipline before the Illinois Attorney Registration and Disciplinary Commission [Law.com] * Joseph Amico, who was arrested back in April after threatening to blow up a Manhattan attorney who he allegedly referred to as a "n****r lover" has been rearrested, this time for allegedly harassing the judge in his divorce case. Amico, who was free on $50,000 bail, has an optimistic attorney who's confident his client will receive a "favorable bail disposition." [New York Daily News] * If you're searching for a job to take after law school that doesn't necessarily involve practicing law, then you may want to consider a career in policy work. After all, having a law degree when working in the policy world likely amounts to some sort of a JD Advantage-type job. [U.S. News & World Report]
Protesting IP Colonialism
The world of IP law often struggles to keep up with the rapid pace of new design -- and inevitable copying.
Trumped By ‘Covfefe’: 3 Reasons Why Trademarking Trending Names And Catchphrases Is A Bad Idea
Why opportunistic plots to register trademarks for trending terms almost always fail.
E And J Gallo Sends Cease And Desist Trademark Notice To E And B Beer
It's time to lay off the egregious trademark claims.
Morning Docket: 07.27.17
* Bey and Jay-Z want to trademark their kids' names because nothing creates the nurturing environment of unconditional love children need like converting them into commodities. [The Recorder] * For lexicography nerds, a deep dive into the original definition of "emoluments." For the MAGA crowd, the English language itself is fake news. [National Law Journal] * The 2017 A-List is out! That's the American Lawyer's comprehensive ranking of law firms. No, not the Am Law 200, the other one. No, not the NLJ 500, the other one. Actually, what the f**k is the A-List? [American Lawyer] * Freshfields co-managing partner steps down. [Law.com] * Martin Shkreli not having the best of days. [Law360] * The Communications Director is calling on the FBI to investigate the Chief of Staff and put this news on Twitter. That's... not standard procedure. [Huffington Post] * A repeal and replace they can actually get done. Say goodbye to clean water regulations! [Courthouse News Service]