Law Practice and Profession

“Go Home”: Why law school was probably a bad idea

Oddly enough, I got a “request” for an article I once wrote in Student Lawyer magazine in a comment here. The point of the article was that most people probably shouldn’t go to to law school.  That was an attitude which — when it came across between the lines in my book The Princeton Review Pre-Law Companion — didn’t exactly help sales to people who wanted to know “how,” not “if.” I wrote the article in 1995. You can…

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The entrepreneurship of trademark bullying

I figured I must have written somewhere about that PTO trademark bullying thing — or if I didn’t, I am sure I linked to someone who did — well, I thought I did. But finally, I really did.  And I was reminded of it when I read a press release including this interesting comment from one Scott Smith.  It also links to this article about Entrepreneur magazine’s own trademark adventures in attempting to secure ownership... Read more

Poor eBay!

News item: eBay Beats The Street; Revenue Up 16 Percent To $2.5B; Net Income Up 12 Percent eBay just reported first quarter earnings today posting revenue of $2.5 billion, an increase of 16% from the same period of 2010. eBay’s net income on a GAAP basis of $475.9 million, or $0.36 per diluted share, and non-GAAP net income of $619.0 million, or $0.47 per diluted share, representing a 12% increase compared to the same period of 2010.... Read more

Guest Post: Fair Use or Foul Ball?

  When copying 20,000,000 books without permission is not copyright infringement Jim Bouton’s last pitch to Google wasn’t Ball Four, at least according to the umps of the Second Circuit who decided — after replay — that the digital giant had smacked the pitcher-turned-author’s hanging slider more than 330′ directly  over the foul pole boundary of the short porch in right. In The Author’s Guild v. Google Inc., a three judge panel of the Second... Read more

The circle of life

When it comes to legal blogging, there seems to be no shortage of writing worth reading once one gets around to it. What’s that? You have no round tuit? My friend, you are fortunate indeed, for never before in human history have round tuits been so readily available. If you need one, Carbolic Smoke Ball Co. has them in stock. Why pay retail, though, when Colin Samuels will give you a Round Tuit free!  If you read all... Read more

“Life rights”? (Making things with life?)

Pittsburgh Trademark Lawyer Daniel Corbett brings us an NBA star’s attempt at a four-point shot: Post-relationship drama takes many forms, but federal court litigation under the Lanham Act isn’t typically one of them– unless you’re Miami Heat forward Chris Bosh.  Bosh recently filed suit against the producer of VH1′s “Basketball Wives,” which, as Bosh correctly notes, comprises about as many ex-wives and/or girlfriends as it does “basketball wives” in the term’s purest sense. At any rate,... Read more

It’s Not the 20th Century Any More for Email Retention

Reuters “news service” “reports,” astutely: “Where judges once were more likely to accept that incompetence or computer problems might be to blame, they are now apt to rule that noncompliance is an indication a company has something to hide.” Especially if you’re Morgan Stanley. Originally posted 2005-05-23 12:20:00. Republished by Blog Post Promoter Read more

But you can never leave

No.  No!!! The Eagles are suing the owners of a Mexican hotel named Hotel California, claiming it’s capitalizing off the band’s hit song of the same name. The band filed a federal trademark infringement lawsuit [on May 1] against the U.S.-based owners of Hotel California in Todo Santos, a town on the Pacific Coast near the southern tip of Mexico’s Baja California Sur. No: “Through advertising targeted to U.S. consumers, and in-person communications, Defendants lead... Read more

Cui?, Bono?

Advertising Age reports: “Costly Red Campaign Reaps Meager $18 Million.” Walking around New York City, I was impressed with the brand-development demonstrated by this $100 million campaign. Famous, beautiful people in Red Gap stuff, telling us to “Buy Red.” Fantastic simultaneous investment and expenditure of brand equity, utilizing not only Gap but Motorola and Apple — great brands building a new, greater brand for something even greaterly greater! Okay, one slight problem. Looking at the... Read more