Blawg Review #277: A Virtual Day With Lord Stanley's Cup

This week I have the privilege of hosting the Blawg Review for the third time – I also hosted Reviews 133 & 173. For those who are not familiar with the Blawg Review, it is a roving, weekly round up of the prior week's legal blogs expertly orchestrated by the anonymous Ed. The Reviews are traditionally organized around a theme. For example, Securing Innovation's theme last week was Indigenous People's Day. This week's theme is my virtual day with Lord Stanley's Cup. For those of you who do not know, the Chicago Blackhawks (my Chicago Blackhawks) won the National Hockey League championship this year. The winner of the NHL playoffs gets the famed Stanley Cup. 

"Hockey in August?" you ask. Of course, not many people play hockey in August, even in Original Six towns. My local rink shuts down for the month of August and the Blackhawks are not even back in camp for a few weeks. But one of the many Stanley Cup traditions is that the summer after winning it, the players and key personnel from the winning team each get a day with the Cup. They take it home, eat Cheerios and even buffalo wings out of it, or whatever else they want. I grew up with hockey and have grown into a Blackhawks fan, although I grew up cheering for the winged wheel. Despite my efforts cheering for the Blackhawks, including attending much of the regular season and all but one home playoff game, the Blackhawks have not yet contacted me for my day with the Stanley Cup. I am sure the letter got lost in the mail. So, I am spending today with the Cup and sharing it with the legal blogosphere.

 

[UPDATE:]  I could not resist updating the Blawg Review with my family's moment with the Cup.  This is the Donoghue family basking in the Cup's glory, with our littlest guy resting in the Cup.

 

 

I will start the day with Chicago bloggers, who are presumably as excited about the Cup as me. At his Death & Taxes Blog, Joel Scheonmeyer is basking in the glow of the Cup and trying to get close to Hawks owner Rocky Wirtz to discuss pet trusts for the famous, hockey-loving Wirtz beagles. Brian Leiter questions U.S. News & World Reports' top law school rankings, but surely not the standings at the end of the Stanley Cup playoffs at his Law School Reports.  The Chicago Lawyer's Attorneys in Transition blog looks at writing sample issues for legal job applicants. An issue that many Blackhawks faced (well maybe highlight reels anyway) at the end of the season as the Hawks' Stan Bowman made the difficult decision to get next year's team under the dreaded salary cap.

 

Steven Tanner at the Chicago Family Law Blog asks whether California's same-sex marriage ruling will impact Illinois (or other states without such a ruling). No doubt as he takes his picture with the Cup he is proud of the Blackhawks for sending defenseman Brent Sopel to Chicago PRIDE Parade with the Cup. At the Becker-Posner Blog, Becker and Posner compare the US and German responses to the recession. No doubt this would help the Wirtz family who faced red ink this year despite a Cup win and a sky-rocketing franchise. Staying on the topic of the economy, Peter Zura looks at the recession's impact upon patent litigation at his 271 Patent Blog, while waiting his turn to kiss Lord Stanley's Cup.

 

Chicago lawyer Evan Brown at Internet Cases looks at copyright preemption issues in the context of a plagiarism database. Brown no doubt is confident that Patrick Kane did not steal his post-game-winning goal celebration from anyone. C-K Faculty Blog looks at an excellent law review article by IP professor David Schwartz regarding the citation of law review articles in judicial opinions. 

 

Leaving Chicago, Stephen Albainy-Jenei of Patent Baristas (go Blue Jackets?) looks at a Federal Circuit decision expanding drugmakers' protections against generics. Julie Fleming (an Atlanta Thrashers fan?) at the Life at the Bar blog no doubt appreciates the long journey these Blackhawks took to the Cup and the individual goals that propelled them to the peak of their craft as this week she compares legal business development to pioneers hiking the Oregon, California and Mormon Trails and challenges readers to create a list of twenty reasons you want to develop business. 

 

Kevin O'Keefe, at his LexBlog blog questions whether the ABA's leadership is ignoring their obligation to engage people through social media and is no doubt impressed by the Blackhawks very impressive and forward-thinking use of Twitter. And while Blawg Review is generally not about the host's analysis, if you want an example of an organization that has nailed using Twitter in both content and tone, check out @nhlblackhawks. At the [Non]billable Hour, Matt Homann (a fan of the dreaded Blues? Although I thank them for Red Berenson) takes social media advertising retro for an older crowd.

 

Vincent LoTempio stops cheering long for Buffalo's own Patrick Kane long enough for a very in-depth look at how inventions come about. Remaining in Buffalo, IP.com's Securing Innovation looks at the first U.S. patent in between conflicting feelings of pride for Kane and disappointment over the state of their Sabres.

 

Cordell Parvin at his Law Consulting Blog no doubt appreciates Stan Bowman's salary cap dance during the off-season and how it has kept hockey in the Chicago news when it would traditionally be preempted by baseball, as he suggests lawyers use bills to distinguish themselves with clients. And seeing the Cup is bittersweet for Parvin as goalie Marty Turco left his Dallas Stars this summer to defend Chicago's goal next year. As for me, I always welcome another Michigan Man to the Blackhawks. Staying in the south, Docket Report takes a comical look at the alleged false patent marking of a very old children's toy, but he agrees there was nothing false about these Blackhawks and their lightning fast offense.

 

From the south, we head to Canada, where hockey is religion. Eric Macramalla was too busy reviewing the legalities of the Kovalchuk contract arbitrator's decision at his Offside: A Sports Law Blog to spend any time admiring the Cup, but I suspect he may not be a Hawks fan. He does, however, offer some in depth analysis of the CBA and the arbitrator's decision. No doubt, Macramalla agrees that the Hossa contract is fine and that the NHL should not review that contract. At Law21, Jordan Furlong ponders how to kill a law firm. 

 

We dip back into the States to sip from the Cup with David Harlow who looks at the privacy and security of patient records at his HealthBlawg while he wonders if his Bruins can go all the way next year. And our final stop is also in Boston at Ilan Barzilay's District of Massachusetts IP Blog where he looks at an "IP soap opera" stemming from a jail sentence.  He does not have any comments on the Blackhawks free agency soap opera because like Harlow, he is preoccupied with how his Bruins are doing.

 

Next week's Blawg Review will be at Law is Cool, a blog focused on Canadian law schools where there are no doubt a few more hockey fans.  Blawg Review has information about next week's host, and instructions on how to get your blawg posts reviewed in upcoming issues.

Blawg Review: Call for Submissions

Next Monday, I have the honor of hosting my third Blawg Review.  For those that do not following Blawg Review, it is a weekly round up of the prior week's legal blog posts.  I follow an excellent review yesterday at IP.com's Securing Innovation.  It was a textbook Blawg Review incorporating legal blogs from all different specialties surrounding a them (International Indigenous People's Day).

If you want me to specifically consider your blog post for next week's Review, send it to me or click here for the submission page.

Happy Memorial Day

I am taking a day off from intellectual property to say "thank you" to the men and women who have given their lives in service to our country, and to those protecting us around the world today.  Amidst the barbecues and time with family and friends, take a moment to remember our young soldiers.  And here is a link to Patent Barista's 2008 Memorial Day Blawg Review.  The posts it reviews are no longer topical, but the picture of the young woman lying down in a military cemetery is still just as moving.

Blawg Review #225: A Trademark Focus from Pike Place Market

Seattle Trademark Lawyer Michael Atkins did a superb job hosting this week's Blawg Review -- click here to read it.  Atkins takes a stroll through Seattle's famous Pike's Place Market looking at Seattle-based blogs -- Washington State Patent Law Blog, LexBlog and the China Law Blog, among others -- as well as a number of trademark blogs.  I was fortunate to be featured on Atkins's tour with last week's post about the Lettuce trademark dispute -- click here to read my post.  Thanks Mike, for a great Blawg Review and for including the Blog.

Blawg Review #222 on Twombly & the Power of IP Bloggers

Blawg Review #222 was hosted this week by Duncan Bucknell's IP Think Tank -- click here to read it.  The Review is themed around Australian community festivals, which sound much like American community festivals.  Of particular interest, are links to the following IP-related posts:

  • Drug & Device Law and Point of Law posts discussing the Twombly/Iqbal pleading requirements, a subject I have discussed on this blog here and here.  These posts suggest that Twombly-style pleading is spreading to most substantive legal areas, as the Supreme Court required in Iqbal.
     
  • Spicy IP's post highlighting the fact that Managing Intellectual Property magazine named IP bloggers generically as one of the fifty most influential people in IP -- click here for the post.

 

Happy Father's Day from Blawg Review

Blawg Review #217 is up at Securing Innovation, brought to you by the IP.com team -- click here to read it.  This Review's theme is Father's Day, and it is very well done.  In addition to the heavy IP focus, we learn that although it should be written as plural possessive, Fathers' Day, historically it has been known by the singular possessive, Father's Day.  And it has pictures of many legal blogging fathers and their children, including a shot of me with my father and my son enjoying a Chicago Blackhawks game late this season.  The Review also reminds people to join me at  Meet the Bloggers at the Billy Goat Tavern tomorrow, Tuesday, night after IPBC 2009.

IP Business Congress Comes to Chicago

Next week, June 21-23, Chicago plays host to IAM's IP Business Congress 2009.  IAM promises that attendees will include "Chief IP Officers from Fortune 500 companies, heads of IP at other major companies, global IP thought leaders and senior policy makers."  And the conference also will include an impressive list of bloggers, including Peter Zura, the anonymous editor of Blawg Review and me, using a generously offered press pass.  The faculty for the event is very impressive, including the following confirmed speakers:

  • Marshall Phelps, Corporate VP for IP Policy and Strategy, Microsoft
  • Ruud Peters, CEO, Philips IP & Standards
  • Carl Horton, Chief IP Counsel, GE
  • Scott Frank, President and CEO, AT&T Intellectual Property
  • Todd Dickinson, Executive Director, AIPLA
  • Ciarán McGinley, Head of the Controlling Office, European Patent Office
  • Beatrix de Russé, Executive VP of IP and Licensing, Thomson
  • Keith Bergelt, CEO, Open Invention Network
  • Sherry Knowles, Senior VP and Chief IP Counsel, GlaxoSmithKline
  • Marcella Watkins, Managing Counsel, IP, Shell Oil Company
  • Don Merino, General Manager Acquisitions, Intellectual Ventures
  • Damon Matteo, Chief IP Officer and VP IP, Palo Alto Research Center

For more information on the event and to register, click here.  You can still register and if you register online using the code WC10, you will get a reduced rate of $1,350, 10% off of the full $1,500 rate.

Finally, whether or not you can make it to the conference, if you are in Chicago Tuesday night, June 23, come to Meet the Bloggers VI at the world famous Billy Goat Tavern.  It will be a great chance to meet law bloggers from Chicago and around the world, and to discuss insights gained at the conference.  I hope to see you at both the conference and the Billy Goat.

 

Cheezborger! Cheezborger! No Fries . . . . Meet the Bloggers VI

IP Business Congress 2009 comes to Chicago in about  two weeks, June 21-23, 2009 -- click here for registration information.  In honor of such an impressive group of IP lawyers coming to Chicago, I am hosting Meet the Bloggers VI on Tuesday evening June 23 starting at 5pm. 

The IPBC is at the beautiful Four Seasons Chicago, but in order to make sure that attendees get a well-rounded taste of Chicago, Meet the Bloggers VI will be held at the world famous Billy Goat Tavern.  The Billy Goat is just down and below the street from the Four Seasons at 430 N. Michigan Avenue.  Go to the Tribune Tower on Michigan Avenue and take the stairs below the sidewalk to find the Billy Goat.  Those who have a long history in the IP blogosphere will remember that the Billy Goat was also the site of Meet the Blogger III (I am on the left side of the second picture).  Also, I want to thank Meet the Blogger creator and Meet the Blogger III host John Welch of the TTABlog for allowing me to use the Meet the Blogger name.

I am not making any promises, but I am hopeful that if you attend you will meet Chicago legal blogging luminaries such as Internet Cases; Chicago Law (an excellent new blog by the Chicago Tribune's Ameet Sachdev); the anonymous Editor of Blawg Review; Cyberlaw Central; and 12:01 Tuesday. and the 271 Patent Blog.

IP News, New Blogs & Seminars

Here are several items that I have been holding to fit into posts, but that do not warrant a separate post:

  • The list of regional IP blogs keeps growing.  Here are a few recent additions, as well as some general IP blogs.  I will do an update of my regional blog list soon:

    • Delaware Patent Litigation Report* by lawyers at Morris James.  This is not technically a new blog, but it is a significant redesign and a blog you should be reading if you practice patent law in the District of Delaware.
       
    • ITC 337 Law Blog by lawyers at Oblon Spivak.  This is not a regional blog, but it is at least a niche IP blog and it covers a venue that has been a glaring omission in the legal blog world;
       
    • Patent Law Insights* by Rajiv Sarathy of Perkins Coie.  Again not a regional blog, but Sarathy is putting up good content and his posting appears to be getting more frequent.
       
    • Virginia IP Law* by lawyers at Troutman Sanders.  This is a true regional IP blog, and it looks like a great addition to the club.
       
  • At his IP Think Tank blog, Duncan Bucknell explains when you would not want to register your trademarks -- click here to read the post.  Bucknell makes good points, but it is also worth the read just to see a lawyer advocate against legal protection in a written document, that is not something you will see often.
     
  • Blawg Review #212 (click here to read it) is up at Current Trends in Copyright, Trademark & Entertainment Law.  It is written around the country song “You Never Even Call Me By My Name” a/k/a “You Don’t Have To Call Me Darlin,’ Darlin’” (click to watch the video).  In honor of INTA being held this week in Seattle, there is a lot of IP-related content.

 

Northern District IP News

Here are several Northern District and IP news stories that did not warrant separate posts:

  • The Northern District's new Rockford courthouse is being named for retired Judge Roszkowski.  Judge Roszkowski was the first federal judge permanently seated in Rockford and served for over twenty years.
     
  • Blawg Review #198 is up at the East Central Illinois Criminal Law & DUI Blog (click here to read it).  As you might expect based upon the blog's subject matter, there is not a lot of IP content.  But there are several Illinois-specific stories that Blog readers may find interesting.  For example, My Law Life warns that an Illinois statute makes it illegal to jog (or walk) on Illinois roadways where sidewalks are available -- click here to read the post.
     
  • Several blogs are reporting that patent reform may be back on in Congress this year:  Patently-O; and 271 Patent Blog.

Legal News

Here is some IP-related news for your weekend enjoyment:

  • Seattle Trademark Lawyer Mike Graham warns that the excellent Stanford IP Clearinghouse may not be counting all cases in its data based on Graham's comparison of 2008 trademark filings in the Western District of Washington using PACER and the Stanford IP Clearinghouse -- click here to read the post.  I echo Graham's statement that even if there are discrepancies, or even missing data, the Stanford IP Clearinghouse is an excellent resource with vast potential.
     
  • Blawg Review #196 was hosted on Australia Day this week by Peter Black's Freedom to Differ, an Australian blog focused on internet regulation -- click here to read the Review.    After tackling controversy surrounding the date of Australia day, Black discusses several IP issues including Duncan Bucknell's post regarding YouTube copyright issues; and Brendan Scott's series on closed source software.

 

Legal News

Here are several IP-related stories and news items that I found valuable or interesting:

  • The Maryland IP Law Blog reports that Patent Secrecy Act activity was down in 2008, with a significant reduction in issuance of new secrecy orders -- down to 68 in 2008 from 128 in 2009 -- and existing secrecy orders down about .5% to 5,023 total in FY 2008 -- click here to read the post.
     
  • Daily Writing Tips warns against genericide -- the death of a trademark caused by using the mark as a generic term -- and gives numerous examples.
     
  • A sincere thank you to Patent Baristas; Rush on Business; and Securing Innovation.  I do not buy into the blog awards  or best blog lists, but it is an honor  to be nominated for Blawg Review of the year by such accomplished bloggers and lawyers.  My 2008 Blawg Review was an ode to world record swims and America's favorite Olympic son Michael Phelps -- click here to read it.

Best Blawg Reviews of 2008

It is the time of year for the Best of 2008 lists.  The legal blogosphere* is no different as evidenced by Blawg Review #193 -- click here to read it -- recounting the 51 weekly Reviews from this year and soliciting nominations for the annual Review of the Year award from anyone who has hosted or is scheduled to host a Review. As someone who has hosted (click here to read my 2008 Review # 173, and who plans to host another in 2009, I exercise my right to vote for the following Reviews:

*  Ed. how can you insist upon Blawg Review, but than refer to the legal blogosphere.  Are you just trying to get to Mr. O'Keefe?

Blawg Review #189

Blawg Review #189 is up at Colin Samuels' Infamy or Praise Blog -- click here to read it.  As would be expected of a Blawg Review Sherpa, Samuels' provided an epic Review, centered around The Rime of the Ancient Mariner.  In addition to excellent writing focused around a strong theme, Samuels features some excellent IP content, including my post about the unequal application of Twombly pleading standards in patent cases:

Maya Richard suggested four tactics to preemptively protect patent assets from patent trolls: monitoring patent filings for applications related to your portfolio; hedging risk with patent infringement insurance; retaining skilled IP counsel to build a case for major patent assets; and joining an industry protection group. Also writing on a patent-related topic was R. David Donoghue, who noted that despite the Twombly decision, "many district courts are requiring that patent defendants plead affirmative defenses and, in some cases, counterclaims to the higher plausibility standard." He suggests remedies for this uneven application of the Twombly standards.

And as an encore, after seeing Twitter driving traffic to his Review, Samuels posted a list of the Twitter accounts of the bloggers featured in Blawg Review #189 -- click here to read it.

IP Legal News

Here are several blog posts that are worth your time on this Monday morning:

  • At Deliberations, Anne Reed warns of six mistakes that can derail voir dire -- click here to read the post.  Anyone who follows Deliberations knows that when Reed discusses voir dire, everyone should listen.
     
  • The Federal Circuit heard oral argument in Tafas v. Dudas last week.  Here is some of the commentary:  Patent Baristas; Patently-O; & PLI Blog.
     
  • At IP ADR Blog, Victoria Pynchon offers to arbitrate your patent case and says under expedited AAA commercial rules you can get a decision within 45 days of selecting the arbitrator -- click here to read the post.  Amazing, I may try that in the dispute resolution clause of my next license agreement.
     
  • Anyone who read his 2007 NYC Marathon Blawg Review will not be surprised that Eric Turkewitz's post-Thanksgiving Blawg Review last week at his New York Personal Injury Law Blog was one of the best of the year -- click here to read it.

 

IP News & Advice -- Thanksgiving Edition

Here are several IP posts that you should check out:

  • The MTTLR Blog's Lauren Strandbergh has an interesting post (click here for it) about the implications of the Google Book's settlement and how the Book Rights Registry -- a Copyright Clearance Center or ASCAP-like entity that will, among other things, distribute proceeds from out-of-print books to the authors or rights holders  -- will change the publishing industry.  Strandbergh raises the right questions, but we will only get answers as we ee how the system works.
     
  • [UPDATE:]  Speaking of the Copyright Clearance Center and ASCAP, the WSJ Law Blog has a post today (click here to read it) based upon this WSJ story (subscription required for the full text) about two new companies that are aggregating patents and guaranteeing never to assert those patents against their members.  It is not clear from the story if they plan to assert them against non-members, but it is an interesting move in the struggle between non-practicing entities and corporations that feel targeted by patent litigation.  I believe there have been industry-specific versions of these companies in Europe for some time.  As I understand some of those entities, the do assert their patents against non-members to help fund operations.
     
  • Victoria Pynchon offers advice for dealing with those uncomfortable Thanksgiving political conversations with family and friends at her Settle It Now Negotiation blog -- click here to read it.  The advice translates well for unwinable conversations with opposing counsel.
     
  • This week's Blawg Review is up at LawyerCasting -- click here to read it.  It provides lots of advice for lawyers dealing with the tough economic times.

 

Blawg Review #186

Blawg Review #186 is up at Res Ipsa -- click here to read it.  Befitting a blog that focuses on the use of technology in the law, there is plenty of IP content:

  • Traverse Legal has a great post, including a podcast, (click here to read/listen to it) explaining that while it is possible to register your marks without a lawyer, the smart decision is to use a lawyer that is an expert in the field.
     
  • IP's What's Up makes the argument that open source licenses are a powerful use of a copyright -- click here to read it.
     
  • The mighty IPKat looks at the best IP advice provided by its readers in response to a recent contest -- click here to read the advice and IP Kat's thoughts.

Finally, it is not directly IP-related, but the Review also looks at an interesting technology debate that is occupying the legal blogosphere -- the value of Twitter as a legal marketing tool.  Calling himself a curmudgeon, David Giacalone at f/k/a argues against Twitter, or at least questions its business development value  -- click here to read the post, which has generated significant discussion and response.  LexBlog's Kevin O'Keefe responded strongly arguing Twitter's value -- click here to read it.  O'Keefe's arguments for Twitter boil down to the fact that Twitter is a powerful networking tool.  It allows colleagues around the country and world with common backgrounds and issues to find each other and engage in far-reaching conversations.  And building networks builds both professional satisfaction and business.  I agree with O'Keefe  whole-heartedly.  But I also understand Giacalone's uncertainty and lack of comfort with Twitter  It takes most lawyers multiple tries to get Twitter and more than that to get comfortable using it.  Hopefully, Giacalone will keep trying and figure it out eventually.

IP-Centric Blawg Review

This week's Blawg Review #185 is up at Duncan Bucknell's IP Think Tank -- click here to read it.  It will be no surprise to Bucknell's readers (including me) that his theme is global intellectual property.  Of course, Bucknell focuses on the Bilski decision -- for example, IP Blawg and IP Spotlight.  Bucknell also looks at some posts regarding how the changing administration will impact IP law, including two posts from Patent Docs (click here and here) and the IAM Blog.

Election Day Blawg Review

Make sure to vote today, if you have not already.  Once you have voted, check out the special election-themed Blawg Review at the Faculty Lounge -- click here to read it.  This week's Review is light on IP issues, instead focusing on presidential politics and campaigns.  But it is still a good read, particularly on a day when much of America has the election on its mind.

Additionally, check out last week's Blawg Review #183 at the UCL Practitioner -- click here to read it.  Last week's Review focused on California bloggers and had some interesting IP content.

Blawg Review #182: I Hope You Studied

Blawg Review #182 is up at Dave Gulbransen's blog -- click here to read it.  Having just passed the Illinois bar exam (congratulations), Gulbransen did his review in the form of the multiple choice portion of the exam.  You can even check your answers.  Gulbransen's exam contains a heavy dose of IP, unlike the exam itself.  Here are a few of the IP posts:

  • Citizen Media Law Project -- discussing Digital Millennium Copyright Act take down notices as used by, or against, the presidential campaigns and how the appeal process does not help campaigns because it takes 10 - 14 days.
     
  • Las Vegas Trademark Attorney -- discussing a suit over the Little House on the Prairie trademarks.
     
  • Mass Law Blog -- discussing an award of attorney's fees based upon "advocacy abuse" when plaintiff's counsel argued outside the claim constructions at trial.

 

Blawg Review #181 -- ADR & Canadian Thanksgiving

Diane Levin hosted this week's Blawg Review #181 at Mediation Channel -- click here to read it.  As you would expect from one of Ed.'s Blawg Review Sherpas, the Review is both well-written and exhaustive.  Levin's focus was International Conflict Resolution Day.  And when Ed. realized that he had created an international incident by not acknowledging Canadian Thanksgiving, Levin even updated the Review with some Canadian content.  By the way, happy Thanksgiving to the Blog's Canadian friends and readers.

Among other posts, Levin highlighted the October Carnival of Trust, hosted by its founder Charles Green at Trust Matters -- click here to read it.  Green links to a post at Without Wax about what to do when your trust in someone begins slipping away -- click here to read it.  The blog, and the post, appear to be focused more on family and friend relationships.  But the issue and the proposed resolution translate to the legal realm because trust is paramount in the law just as it is with family and friends -- with courts, with opposing counsel, with clients and with colleagues.  Without Wax suggests that instead of pulling back when trust is disappearing, you engage that person and the problem.  Silence rarely fixes trust.  You are far better off facing the issue and trying to fix the problem so that it does not recur, whether it is a misunderstanding or an actual breach of trust.

Finally, Larry Lessig's enthralling Wall Street Journal op-ed piece about the current state of copyright law and whether it fits with modern life did not make the Review (probably because it was not a blog post), but it is worth a read -- click here for Lessig's op-ed.  Or you could skip right to Victoria Pynchon's excellent analysis at the IP ADR Blog -- click here to read Pynchon's post.

[UPDATE]:  Lessig makes clear at his Lessig 2.0 blog that despite the title the WSJ gave his op-ed -- A Defense of Piracy -- he does not support piracy.  Lessig is proposing conforming copyright law to what he sees as the realities of modern living.

Belated Blawg Reviews

The Blawg Reviews are not belated, just my post about them.  Last week's Blawg Review #179 is up at Securing Innovation -- click here to read it.  It is an ode to the ballpoint pen on its seventieth anniversary.  It was a transformative invention, dispersing the power of the pen much more broadly across societies.  I am a rollerball guy, but it is still a great review.  And as would be expected from an IP-focused blog, there is a heavy dose of IP.

This week's Blawg Review #180 is up at Law Pundit -- click here to read it.  Law Pundit focuses on German-American Day with exhaustive information about German-Americans and Oktoberfest.  After completing Review #179, Securing Innovation also plays a role in #180 because of its highlight of an article suggesting that the US nonpracticing entity patent litigation strategy has found its way to Germany and Europe generally -- click here for Phillipa Maister's IP Law & Business article discussing NPE's in Europe.

Next week's Blawg Reivew #181 by the Mediation Channel.

Blawg Review #178

Blawg Review #178 is up at Peter Black's Freedom to Differ -- click here to read it.  Black also cross-posted each link in this week's Review on Twitter.  I admit that I have not grasped the full power of Twitter, but I am working on it.  And I do grasp the power of Black's Review.  It is well done and contains lots of interesting links.

Blawg Review #177 -- Back to Business

Blawg Review #177 is up at Small Business Trends -- click here to read it.  Small Business Trends is a business blog and, so focuses its review on legal angles on business issues.  The Review covers a number of intellectual property issues, including UsefulArt's post about India's first trademark on a sound.  There is also considerable coverage of a hot legal blog topic, the use of Twitter by lawyers and businesses for marketing.

Blawg Review #176 -- Fighting for Literacy

Blawg Review #176 is hosted by Legal Literacy -- click here for the Review -- on the United Nations' International Literacy Day. Literacy is worthy of far more than a single day of focus, and it turns out that the United Nations agrees.  Apparently, we are halfway through the Literacy Decade (running from 2003 until 2012).

Legal Literacy's Review is full of great content, including some interesting IP-related topics.  Thomas Colson at  Securing Innovations (another LexBlog site) has a very interesting post (click here) on a new series of commercials by the PTO and Invent Now, among others, aimed at encouraging 8 - 11 year old boys and girls to invent.  Colson is concerned that the commercials feed gender stereotypes and links to A Girl Named Pants his series of children's books that motivate young girls to overcome gender stereotypes. 

I can see the stereotype concerns to a degree, but the ads that I found were pretty powerful and funny.  Click here for the LA Times article Colson links to containing a video of one add -- I would love to add a suction bike to my bike collection.  And to the extent that there is stereotyping, I think it is far outweighed by the potential good of the program.  Having said that, I am impressed by Colson's books and vision.  When my daughter is old enough, I will be reading to her about the adventures of Pants. 

Blawg Review & the September Carnival of Trust

Blawg Review #175 is up at Jamie Spencer's Austin DWI Lawyer (another LexBlog site) -- click here to read the Review.  Fitting with Ed.'s sense of humor, a DWI lawyer was chosen to host the Labor Day Review, instead of a more traditional pick, like a labor lawyer.  Of course, there are lots of interesting DWI posts, and a few good IP links.  Spencer links to Victoria Pynchon's post at the IP ADR Blog about the arrest of a blogger who posted new Guns N' Roses tracks before the group released its new album -- click here to read it.  In a "teeny tiny" act of civil disobedience, Pynchon posted the entire text of the LA Times story on the arrest.  While I will admit to one or two acts of civil disobedience in my day, today you are just getting a link to the Chicago Tribune's story by Michelle Quinn and Swati Pandey on the arrest and the increasing use of criminal copyright infringement prosecutions -- click here.

September's Carnival of Trust is up at Compensation Force -- click here for the Carnival.  There are no specific legal or IP posts this month, but lots of great stuff on building and maintaining relationships with trust.

Blawg Review #174

Blawg Review #174 is available at D. Todd Smith's Texas Appellate Law Blog -- click here to read it.  Smith boldly went without a theme, but it is a great Review, even without a theme.  Smith picks up on my coverage of the Seventh Circuit's recent decision affirming the Northern District's holding that the NFL is a single entity for IP licensing purposes, as well as related coverage at Sports Law Blog and Blawgletter.

Blawg Review #173

Last week’s Olympic edition Blawg Review focused on the medals. Building on that, this week I discuss the elements of a world record swim. If you were watching last week, instead of blogging, you saw 20 of them in the Olympic pool; seven by Mr. Phelps.

 

Practice

Nothing is more critical than preparation. A big part of preparation is tightening your stroke and cutting out unnecessary motion. Reese Morrison, at the Law Department Management blog, discusses blunt suggestions for trimming legal bills.

 

Endless hours in the pool alone are not enough, you need a good coach. Business development coach Cordell Parvin provides an excellent three part series at his Law Consulting Blogone, two, and three – on persistence, an important element of any Olympic training program. In an Olympic caliber display of persistence, Drug & Device Law had an exhaustive post discussing and classifying each medical device preemption case since the landmark Supreme Court decision in Riegel v. Medtronic, Inc., 128 S. Ct. 999 (2008).

 

You also need a support network to help you get through all of the pool time. Bruce Allen, at Marketing Catalyst, teaches us how to avoid the cocktail conversation you cannot escape from at a networking event. At Copyblogger, John Morrow explains that content is no longer king in the blogosphere, you need friends. And he teaches you how to get them. At BlawgIT, Brett Trout – who is a fighter, not a swimmer – has an interesting post about how to work together as a community to thwart webjackings (the hijacking of a website). And Mediation Channel’s Diane Levin discusses the social side of blogging, and reading blogs.

 

Of course, if you do not have time to practice you will never set the record. So, you need a job, or at least some cash. On that note, Harmful Error posts the great news that loan forgiveness programs were expanded this week for legal aid lawyers, state prosecutors and public defenders. 

 

The Suit

The clothes make the man (or the woman). This year the go-to duds were Speedo’s LZR suits. Patent Librarian Michael White tells us that, no surprise, Speedo patented the LZRIPKat expands on swimming patents, providing a broader view of Olympics-related patents.

 

Genes


As a guy who swam for a lot of years and practiced hard throughout, I can tell you not everyone has what it takes to set world records. The closest I came was getting beat by an Olympian and world record holder. Of course, you might be less impressed by my loss if you knew that at the time his Olympic medals were four or five decades old, and I was 19. At Idealawg, Stephanie West Allen discusses the traits that make entrepreneurs entrepreneurial.

                                                                     Mental Focus

One of the big stories on Phelps this week was how he thinks of nothing but not losing during a race. At Litigation & Trial, Maxwell Kennerly tells us that you have to know when you are sweating the details more than your client would want by over emphasizing proof-reading. Of course, even Kennerly agrees that some details matter. 

                                                                  Knowing the Rules 

You have to know the rules. Turn wrong or break the rules for your stroke and beating a record by ten seconds will not matter. At the Legal Juice, John Mesirow reports that kids at the Lake County Florida library are allowed to rent R-rated movies because they believe it is an unconstitutional delegation of authority for the Motion Picture Association of America’s guidelines for determining obscenity. I am sure kids from all over that area are flocking to the Lake County library because the rules are on their side, at least for now.

 

Filewrapper reports on a Federal Circuit decision holding that copyright infringement, and not just breach of contract, when the terms of an open source license governing the copyrighted material are breached. For more on this major decision in the IP world, check out: BLT; Law Pundit; and Patently-O.

 

Seattle Trademark Lawyer Mike Graham shows the consequences of not following the rules using two Western District of Washington opinions.

 

Ethan Lieb, guest blogging at Freakonomics, argues that we need to change the rules requiring unanimous juries. And the WSJ Law Blog discusses a judge and a juror who clashed over jury nullification.

The Start


A bad start is hard to recover from, especially when you are chasing the fastest time ever. Evan Schaeffer shows how to open well at trial at the Illinois Trial Practice Weblog, and he links to Trial Theatre’s opening statement quiz.

Turns

Coming off the wall in a turn is the fastest a swimmer goes during a race. So, you need good turns. IntLawGrrls discuss how to turn around the conflict between Georgia and Russia (sorry the turns section was tough).

 

Legal Literacy discusses Whole Foods’ turned around (or recalled) beef and looks behind the scenes at how it happened and Whole Foods’ impressively quick response.

 

The Finish


Do you do an extra stroke or do you glide in hard? Always a tough question, but the .01 seconds the decision costs you can mean the race and the record.

At his E.D. Texas Weblog, Michael Smith reports that while the E.D. Texas started out as a rocket docket, particularly for patents, it has now slowed down and let many other districts catch it with a time to trial of 24 – 30 months.

 

The Law and Magic Blog reminds us that we cannot always win, and that trying to rig the system to guarantee wins – he is talking about the stock market, but it holds true for the pool – is dangerous work.

 

At the IP ADR Blog, Victoria Pynchon praises several Perkins Coie attorneys who went the distance for their pro bono clients at Gitmo and earned the clients’ respect for providing them an able defense.

 

** Images provided via a Creative Commons license by A. Dawson or Andre from Flicker. **

 

Next week's Blawg Review will be at fellow LexBlog site, the Texas Appellate Law Blog.

 

Blawg Review has information about next week's host, and instructions on how to get your blawg posts reviewed in upcoming issues.

 

 

Blawg Review is on the Way

I am hosting Blawg Review -- the 173rd edition -- next Monday.  I talked some smack about writing a great Review, and Victoria Pynchon has set a high bar.  So, please send me your best posts by clicking here for Blawg Review's submission guidelines and  using Blawg Review's submission form.  And come back Monday to read the Review.

Blawg Review #172, the Gold Medal Edition

This week's Blawg Review is available -- click here to read it -- at the Ohio Employer's Law Blog written by the lawyers at Kohrman, Jackson & Krantz.  The Blawg Review's Olympic edition awards gold medals in two categories of blog posts:  1) employment law; and 2) non-employment law.  It is worth your time, if you can pull yourself away from Michael Phelps's second run at Mark Spitz' record eight gold medals in a single Olympics.  But after last night's amazing finish in the 4 X 100 M relay, I would not suggest you stay away too long.

Blawg Review #171 -- Setting, Then Meeting Expectations

For my rookie Blawg Review, I kept my head down, worked hard and hoped to meet the Review's high standards set by the reviewers before me.  Victoria Pynchon at the IP ADR Blog, took a different route.  She guaranteed victory, promising "one of the best [Blawg Review]'s ever."  And she was right.  She used a risque theme and a massive number of links to deliver an excellent review -- click here to read it.  My only complaint, I cannot possibly get through all of her linked posts.

I am hosting the Blawg Review in two weeks, and Pynchon has set the bar high.  Make sure to be here in two weeks to watch me clear it.

Blawg Review #170 -- Equal Protection & Due Process

Blawg Review # 170 is up (actually it went up yesterday,* a day early) at Simple Justice, a New York blog with a criminal defense focus -- click here for the Review.  This week's theme is the due process and equal protection rights granted by the Fourteenth Amendment.  As the son of a criminal defense attorney, I have a soft spot for the due process clause.  And Simple Justice does not disappoint, providing a varied look at last week's legal blog posts.

Blawg Review returns here in three weeks, after visiting the IP ADR Blog and the Ohio Employer's Law blog over the next two weeks.

*  Who says Blawg Review does not get any link love?  Actually, Ed. does, but I cannot imagine it is true.

Blawg Review & the Carnival of Trust

Blawg Review #169 -- click here to read the review -- is available at Whisper, a brand strategy consulting blog.  The review is loosely themed around, no surprise, branding and marketing, with a large variety of blogs and subject matter it is wroth a read.

The Review also links to the July Carnival of Trust at Bossa Blog (click here to read the Carnival), which discussed a Law21 post lamenting the reputation of of lawyers as shifty or untrustworthy, and answering the question, can you trust your lawyer?  As I would, Law21 answers "Yes!":

Lawyers have a choice to make, too. We can reinforce this reputation as skilled and dangerous weapons to be deployed and applied as needed, at a time when trust is becoming intrinsically important to business and consumer relationships; or we can make a real effort to reinvigorate the role of trust in our professional culture, giving it to and expecting it from each other and our clients.

What’s most disheartening about our poor reputation for trust is that lawyers are amazingly trustworthy as individuals, possessing (in my perhaps biased view) more courage and moral fiber than can be found in many other walks of life. And this doesn’t evaporate upon human contact: many lawyers have thriving direct relationships of trust with both colleagues and clients.

The problem is that our professional culture has come to view trust as just too risky — the fear of exploitation and disappointment has had a disproportionate impact on our willingness to trust, and that has damaged the standards to which we hold ourselves and each other. Every lawyer thinks he or she is trustworthy, but for some reason is reluctant to extend that belief to others.

Blawg Review #168 -- Go Blue!

Blawg Review #168 is available at Jeffrey Mehalic’s West Virginia Business Litigation blog (another LexBlog blog) – click here for the post. It is another excellent review, although it is a bit light on IP. Additionally, Mehalic has a very even-handed post about the settlement of a West Virginia suit between West Virginia University and Rich Rodriguez, the new football coach of my University of Michigan Wolverines. While the subject matter of that dispute is not necessarily relevant to Chicago IP litigators (Coach Rodriguez is paying his full $4M buyout over time, much of it funded by the University of Michigan), Mehalic has an interesting side note about a contract the court reporters put on each transcript in the case requiring that no copies be made or used without paying the court reporter for them – click here for the post. My first reaction is, and always has been, that the reporters hold the copyright because the transcript is their interpretation and compilation of what was said. But Mehalic disagrees, and makes a good point. The copyright in a (usually) verbatim recitation of a proceeding has to have a very thin copyright, if any.

50 Stars of the 50 States: Blawg Review #167

Blawg Review #167 is up at the E-Commerce Law blog -- click here to read the Review.  The theme, in honor of America's birthday, is the fifty blogging stars of the fifty states. IP blogs had a reasonably large presence, including Illinois's star, Evan Brown's excellent Internet Cases blog:

One of our personal favorites, Evan Brown's InternetCases, provides timely analysis of recent cases from the perspective of a practicing attorney.  In the last week alone, Mr. Brown has posted analysis of a website copyright infringement case decided by the United States District Court for the Western District of Virginia, a cyber-stalking decision from the North Carolina Court of Appeals, and a case applying the Rule Against Perpetuities to a software distribution agreement.

Blawg Review #164

Blawg Review #164 is up at cearta.ie (cearta is roughly translated as "rights").  Posted on Bloomsday, the post's theme is the works of James Joyce.  In addition to a great piece of writing around a great theme, there is a strong IP component to the review focused on the proposed Canadian copyright legislation and net neutrality.

Blawg & Trust Reviews

This week's Blawg Review is up at More Partner Income, click here to read it.  Among other articles, the Blawg Review highlights Victoria Pynchon's excellent series of posts at her Settle It Now Negotiation Blog, about facing the last days of her father's life.  The posts are moving on a personal level, and Pynchon manages to work in good legal advice as well.  Click on the titles to read Pynchon's Negotiating Life's End posts:  Part One; Part Two; Part Three; Part Four; Part Five; Part Six; and click here for the remainder of the posts.


And June's Carnival of Trust is now available at Clark Chinge, click here to read it.  Chinge does a nice job of helping the Carnival of Trust celebrate its first birthday.  Congratulations to the Carnival on the big milestone.

Blawg Review #162

Blawg Review #162 is now available at the China Law Blog.  This week's review is a bit light on IP links, except for Mike Atkin's Seattle Trademark Lawyer post detailing a potential trademark dispute involving coffee and roller derby -- click here for the post.  Despite that (or maybe because of it), it is a great read.  And if you are looking for good information on Chinese business law, the China Law Blog is one of the best.

Blawg Review & Avoiding Jury Duty

Blawg Review #160 is available across the pond at Ruthie's Law.

And the Chicago Tribune's R. Kelly trial blog, Gavel to Gavel, has an enlightening post about numerous answers (read "excuses") that got potential jurors knocked out of the R. Kelly trial jury pool.*  My favorite:

A legal secretary wrote on her questionnaire, "I believe Mr. Kelly is guilty of the charges due to what I have read in the papers, and the fact that he was indicted by the grand jury further validates my beliefs." The woman and her perfectly worded response were excused. Lest she think she pulled a fast one on the court, Cook County Judge Vincent Gaughan knew her answer had been coached.
*  Hat tip to Legal Antics for reminding me about the article.

Blawg Review Nos. 158 & 159

I am a little backed up posting Blawg Reviews, but that is no reflection on the quality of the reviews.  Check out last week's Blawg Review #158 hosted by the Mommy Blawg.  And this week's Blawg Review #159 hosted by the LaBovick law firm's Whistleblower Law Blog.

The Carnival (of Trust) is Coming & Blawg Review #157 is Here

On Monday, the Blog will host the May Carnival of Trust.  The Carnival of Trust is a monthly compendium of blog postings related to trust in business, trust in selling, trust in society at large.  It is kept interesting by the vibrant and varied commentary of each month's host, and by the ten post limit for each month.  Click here to submit your trust-related posts for the Carnival.

Click here to check out the April Carnival at the True Colors Consulting Blog, and click here for the March edition at Duncan Bucknell's IP Thinktank Blog.

Read more about the Carnival of Trust here at Charles Green's Trust Matters Blog.

And while I am discussing blog carnivals, do not miss this week's Blawg Review #157 hosted by Thoughts from a Management Lawyer.

IP News & Presentations

I have several smaller IP-related items today, none of which warranted a single post:

 

Blawg Review #155 and a Side of Chicken & Waffles

Blawg Review #155 is up at the California Blog of Appeal.  It focuses on (bad) poetry in honor of National Poetry Month and takes a look at stress in the legal profession.

Also, the excellent Las Vegas Trademark Attorney has a detailed post -- click here for the post -- about the Roscoe's v. Rosscoe's Chicago chicken and waffle restaurant trademark suit that I posted about last week -- click here for the post.

Blawg Review #154 & Anonymous Comments

Blawg Review #154 is up at the Health Blawg, which covers health care law.  The Review's theme this week is World Health Day, but it also points to an interesting story related to anonymous blog comments.  SCOTUS Blog eliminated its comments feature -- click here for the SCOTUS post explaining their reasoning.  This is especially interesting because in October 2006, SCOTUS began requiring that commenters provide their full names before posting.  They hoped that this would stop "silly sniping" by anonymous commenters.  Unfortunately, after eighteen months, the sniping had not stopped.  So, they closed comments completely, although you can still email them comments and they will consider adding the best directly to the posts.

Unfortunately, the SCOTUS experiment suggests that civility may not be enforceable on the internet.  Perhaps the social constructs that maintain civility in real world conversations -- knowing that you will have to work with the target of your words the next day, watching your target's reaction in real time, or bystanders acting as civility referees -- cannot be duplicated online. 

Below is Crime & Consequences' take on the SCOTUS comments decision:

I, for one, enjoy exchanging ideas with people who can remain civil while disagreeing. Regrettably, commenting on blogs too often involves opening oneself to ad hominem attacks and choosing between letting a public attack go unanswered or wasting time responding. The choices for a blog that has this problem are to (1) let it go uncorrected; (2) police the comments, an expenditure of time that few sponsors wish to make; or (3) turn off the comments, as SCOTUSblog has now done. If the sponsor chooses to let the problem go uncorrected, what typically happens is that thoughtful people stop or greatly reduce commenting, and the insult slingers come to dominate the comments. Choices (1) and (3) lead to the same result, then, that a useful medium is eliminated either de facto or de jure.

So the decline in civility of our society claims another victim. The SCOTUSblog experiment shows that uncivil behavior is reduced when people have to show themselves in public, but it is not eliminated. I suppose the result was to be expected, but it is sad nonetheless.

Below is Crime & Consequences' take on the SCOTUS comments decision:

I, for one, enjoy exchanging ideas with people who can remain civil while disagreeing. Regrettably, commenting on blogs too often involves opening oneself to ad hominem attacks and choosing between letting a public attack go unanswered or wasting time responding. The choices for a blog that has this problem are to (1) let it go uncorrected; (2) police the comments, an expenditure of time that few sponsors wish to make; or (3) turn off the comments, as SCOTUSblog has now done. If the sponsor chooses to let the problem go uncorrected, what typically happens is that thoughtful people stop or greatly reduce commenting, and the insult slingers come to dominate the comments. Choices (1) and (3) lead to the same result, then, that a useful medium is eliminated either de facto or de jure.

So the decline in civility of our society claims another victim. The SCOTUSblog experiment shows that uncivil behavior is reduced when people have to show themselves in public, but it is not eliminated. I suppose the result was to be expected, but it is sad nonetheless.

April Fool's Day Blawg Reviews

Blawg Review #153 or rather Blarrgh Review, it is written in pirate-speak, is up at George Wallace's Declarations & Exclusions.  Wallace also provided a supplemental April Fool's Day Appendix to Blawg Review #153 at his non-legal blog A Fool in the Forest.  The Appendix focuses on non-legal posts from law blogs and off-beat legal posts.  Enjoy the Review and happy April Fool's Day.  I hope your assistant is not in cahoots with The Lawyer's Right Hand.

Blawg Review #152

Blawg Review #152 can be found hereTechnoLawyer hosts this edition, which is focused on law practice management and legal technology blogs.  It is a good read.

Celebrate St. Patrick's Day With Blawg Review #151

Happy St. Patrick's Day!  In addition to a few verses of Danny Boy and some homemade shepard's pie, I am celebrating with Blawg Review #151.  The St. Patrick's Day edition comes from Dublin's Lex Ferenda blog.  Check out the Review and the Lex Ferenda blog, both are excellent.

[Update]:  Blawg Review #151 has been updated to link to my post this morning about anonymous blogging and commenting -- click here for the post.  A tip o the hat to Lex Ferenda for the late inclusion.

Anonymous Bloggers Carry on Tradition of the Federalist Papers

There has been a lot of coverage of Troll Tracker's recently disclosed identity.* Troll Tracker ended his anonymity a few weeks ago and now faces a libel law suit along with his employer, Cisco, based upon statements he made about a case involving Cisco -- this is one of the many reasons I do not write about cases that my firm or I are involved in.

I did not intend to weigh in on this story because there was not much to add (see below for links to some of the best coverage). But then I read Joe Hosteny's March 2008 IP Today article – click here for the article -- about anonymous blogging and anonymous commenting. Hosteny is a partner in the Niro Scavone firm, a firm that was often a focus of Troll Tracker's posts. I have not always seen eye to eye with Hosteny in the courtroom, but I found his article both very good and thought provoking.

Hosteny raises real concerns about how the anger surrounding the non-practicing entity dispute has gotten out of hand. Death threats over patent litigation (even assuming they are idle threats) cannot be tolerated. These threats make me question whether the patent litigation bar is maintaining the levels of civility and sanity required by our professional standards.

Violent threats and, more broadly, incivility have no more place in the realm of legal blogs than in the legal system. But it does not follow that anonymous blogging and commenting are inherently bad – the issue is more complex than that. Lots of electrons have been spilled over the pros and cons of anonymous blogging – blog guru Kevin O'Keefe is no fan of anonymous blogging, whereas the anonymous editor of Blawg Review provides a great service to both the legal and the blogging communities with the weekly Blawg Review, despite his anonymity.

Anonymous blogging is not the problem. The problem is with anonymous bloggers who believe that anonymity allows them to comment on cases involving themselves or their clients , or to post threatening comments (Troll Tracker, of course, never posted any threats that I am aware of). If Troll Tracker had not blogged about his client's case and if he had stuck to the verifiable facts, he likely would not have gotten sued.

Similarly, anonymous commenting is not the problem if legal bloggers, including Troll Tracker, monitored and approved comments before** they went live, the death threats against Niro never would have been published. I moderate the comments to this Blog and, as a result, angry rants against a judge or an attorney (none have been violent) do not make it on the Blog. And that anonymity may have provided the writer with false courage. But I prevent that, and so can any blogger, by acting as a gatekeeper.

Hosteny argued that anonymity is cowardly and not in the tradition of the First Amendment because the Declaration of Independence was signed by the Continental Congress. But he leaves out that the Federalist Papers were signed with aliases. Anonymity can be useful in that it can provide courage to voice ideas that otherwise might not be interjected into public discourse. For that reason, I think there is a place for anonymous blogging and commenting, as long as anonymous bloggers do not use anonymity as an excuse to avoid the rules of our profession and of common sense.

As promised above, for more coverage of Troll Tracker and the defamation suit, see:

E.D. Texas Blog

IP Law360 (subscription required, but a very thorough history)

Patently O -- discussing a related federal suit filed in the District of Arkansas, including a link to the complaint.

Prior Art Blog -- detailing the history of the suit and here and here on other aspects of the story as well.

WSJ Law Blog

[Update]:  Blawg Review #151 at Lex Ferenda was just updated discussing this post.

* There are no Troll Tracker links because the site is currently either down or subscriber only.

**  Troll Tracker did remove violent and offensive comments, but only after they were posted and he became aware of them.


Blawg Review #150: Trust Me, it's Good

Blawg Review #150 is up at Trust Matters by Charlie Green, co-author of The Trusted Advisor and creator of the Carnival of Trust, which I will be hosting on the first Monday of May.  This week's review links to the Blog's follow-up post about whether photographs of copyrighted Thomas & Friends toy trains are derivative works -- click here for the post.

IP News Roundup

Here are a few IP news items from the weekend and this morning that you will find interesting:

  • Blawg Review #149 is up at the Antitrust Review with several IP-related links.
  • Patent lawyer Duncan Bucknell is hosting the March Carnival of Trust, which I will host on the first Monday of May.
  • The Northern District's new website is live (and excellent, but more on that Friday), but may be causing you some trouble today.  It is requiring that you upgrade your browser to the most current version (if you have not already) in order to access the site.  I am told by reliable sources that the upgrade is not actually necessary and that the Northern District is working on a fix so that you should be able to access the site by the end of the day with any browser.

IP News Roundup

Several unrelated legal stories that are worth a read:

  • An excellent Illinois Business Law Journal article regarding whether Google is losing its trademark to genericide.  It concludes that Google's mark is relatively safe, partly because Google's trademark is identical to its domain name.*
  • Patent Troll Tracker has been unmasked.  The unmasking was based, at least in part, on Ray Niro's bounty for Troll Tracker's name.  As would be expected, Troll Tracker unmasked himself with class and a sense of humor.  He is taking a few weeks off from blogging to decide whether to continue.  I hope he decides to continue.  Troll Tracker is a powerful voice on some complex issues, and he is right that it is great to see another inhouse legal blogger.  Plus, it would be a shame for Troll Tracker to disappear just after Ron Coleman finally discovered him. 
  • Blawg Review #148 is up at Blawg IT.  In addition to the usual links to law blog posts, Brett helps us smell the electronic roses with numerous non-legal video clips.

*  Hat tip to Michael Atkins at the Seattle Trademark Blog for pointing out the article during his Trademark Dilution Weekend.

Blawg Review #146 & National Inventor's Day

The Invent Blog hosts Blawg Review #146 today on National Inventor's Day.  He also points out that the most prolific American inventor, or at least patentee, is not Thomas Edison but Illinois's very own Donald Weder.  Mr. Weder had been granted over 1,300 patents by early November 2005, according to this USA Today story.  Most of his inventions involve flowers or items for use in flower shops. 

Blawg Review #144

Blawg Review #144 is now available at Cyberlaw Central, an excellent blog written by Chicagoan Kevin Thompson.  Thompson's Lord of the Rings-themed review highlights, among other excellent posts, my review of the Northern District's 2007 trademark cases.  For those coming from Cyberlaw Central, click here for my review of the Northern District's 2007 patent cases and click here for my review of the Northern District's 2007 copyright cases.

Blawg Review #142: A Letter to New Lawyers

 

Blawg Review #142 is now available at the Build A Solo Practice Blog.  The review is done as a letter to new lawyers providing some very insightful advice for starting and shaping a legal career.  It also links to my post from Friday about following the Federal Rules of Civil Procedure -- click here for that post.

Blawg Review of the Year Nominations and Blawg Review #141

I enjoyed my first opportunity to host Blawg Review (a weekly review of the best of the legal blog world hosted by a different blog each week) -- click here for my injunction-themed review.  Having hosted a 2007 review gives me the opportunity to nominate my favorite reviews for the Blawg Review of the year award.  Here they are, in chronological order:

  • #134 NY Personal Injury Law -- I am a sucker for running and this was an excellent post on top of that.
  • #127 Deliberations -- One of my favorite blogs.  A must read for anyone that deals with juries, or wants to.
  • #126 Small Business Trends -- One of the few reviews not hosted by a law blog, which is a nice change of pace.
  • #106 Blawg IT -- I love running, but motorcycles are too fast for me.  That said, this was an excellent review.
  • #95 AutoMuse -- Perhaps it was the years I spent in-house with the auto industry, but I enjoyed the automotive theme.

Finally, this week's Blawg Review #141 is available across the pond at Charon QC.

Blawg Review #133

Last week the intellectual property world obsessed over injunctions – specifically, a preliminary injunction hearing in the Eastern District of Virginia resulting in an injunction against the U.S. Patent & Trademark Office’s (“PTO”) new continuation rules. There was a lot of analysis about the injunction, including live blogging by Patent Practice Center Patent Blog and a lot of post-injunction analysis by, among others: 271 Patent Blog; FileWrapper; Patent Baristas; Patent Docs (and here); Patent Prospector; PHOSITA; Patently-O; WSJ Law Blog; and Washington State Patent Law Blog. For those of you who have no idea what a continuation is or just do not care about the particulars of the rules, I promise that I am done with patent continuations for this post. Honestly, I find the rules rather tedious myself. I prefer to focus on litigating patents, rather than the PTO’s prosecution rules. So, today we talk about injunctions:

According to TechCrunch, Patent Monkey received a permanent injunction when it was sold to the Internet Real Estate Group. But Patent Monkey’s patent search technology will see its injunction lifted when it is used on www.patents.com. Hopefully, for those like me who enjoyed it, Patent Monkey’s Infinite Monkey Theorem Blog will also see its injunction lifted.

Virtually Blind has an interesting report on Second Life’s* new Patent & Trademark Office, the SLPTO. No word on whether the SLPTO and the Second Life legal system generally will allow for any permanent injunctions. Right now it appears that the SLPTO will be heavily skewed toward copyright and trademark, which makes sense in a virtual world. And before we learn whether the SLPTO has any enforcement mechanisms, Blawg IT is offering to represent virtual clients before the SLPTO. I would get a retainer up front Brett – virtual clients can be difficult to track down when the bills are due.

The Patry Copyright Blog shows why Second Life injunctions may be necessary. Six Second Life players have sued a Queens man in the Eastern District of New York for trademark and copyright infringement based upon sales of goods in Second Life. I wonder if the trademarks and copyrights were registered with the SLPTO or the US PTO/Copyright Office. And does the E.D.N.Y. have authority to issue cyber-injunctions?

Promote the Progress provides an interesting piece on the long-term effects of last week’s injunction against the PTO on shaping patent reform.

SportsBiz explains that plaintiffs who were bilked out of millions in attorneys’ fees by their now-jailed lawyers were not irreparably harmed. A Kentucky court awarded them a 20% ownership interest in Curlin, the prize race horse and Breeder’s Cup Classic winner partially owned by the jailed lawyers.

Adams Drafting issues its own injunction against using virgules. Using what? The virgule, or the forward slash. He explains that it is frequently used to mean: 1) “per” – 50 miles/hour; 2) “or” – and/or; and 3) “and” – all parents/subsidiaries/affiliates are bound by the obligations. The problem is that the various uses create ambiguity. Adams acknowledges that he cannot find any litigation specifically about the virgule. But the best solution is to remove the virgule from your writing before you become embroiled in the first litigation over one. And when it comes to rules of writing and grammar, the best solution is to listen to Adams.

What if you do not want an injunction or just want a faster, cheaper resolution? The IP ADR blog is talking about last week’s big settlement between Vonage and Verizon. They suggest that you consider using contingent agreements to control for changing future conditions and charitable contributions. They also point out that creativity and out-of-the-box thinking are important elements for reaching settlements.

Another way to avoid an injunction is to understand how best to argue against the opposing party and their counsel. The Center for Internet & Society discusses how men and women in the United States and in other cultures communicate and suggests that understanding the nuances of how different people communicate around the globe could advance legal discourse.

Lowering the Bar reports on a Michigan man sentenced to sixty days in jail for a home invasion that ended in him throwing two large pickles at residents of the home. No word on whether he will be enjoined from pickle ownership. Okay, that is a weak tie-in, but who can resist a pickle invasion story.

Deliberations discusses one of the basic truths of trial law – you must connect with your jury about basic truths of your case. That is equally true when seeking an injunction – if the judge senses something is not right about your argument, you will not get your injunction.

The writers’ strike that is expected this week is not an injunction, but it will mean an end to new scripted television and movies. Concurring Opinions has an interesting post about a brewing legal dispute between the studios and the writers’ union, the Writers Guild of America (“WGA”). The WGA is requiring that members provide information on all unproduced projects and an update on the status of those projects, as per the labor agreement between the WGA and the studios. But the studios, based upon their individual agreements with writers, are warning writers that the studios  own the scripts and the writers are barred by contract from giving the WGA any information about the projects. These conflicting contracts place the writers in quite a pickle (I could not resist), and it poses an interesting legal question as to which contract controls.

And I end with a post that is actually about an injunction. The Maryland IP Law Blog (another LexBlog creation) posted about a District of Delaware court that upheld a jury verdict of patent infringement and plans to enter a permanent injunction against Lonza, Ltd., Nutrinova Inc. and Nutrinova Nutrition Specialties & Food Ingredients GmbH prohibiting the U.S. sale and use of a fatty acid product currently marketed under the brand name Lonza DHA for use in functional foods and dietary supplements.

Thanks for reading. And for the Blog’s regular readers, I will be back to my usual Northern District of Illinois focus tomorrow.

* Second Life is an internet-based virtual world where “residents” interact through avatars. For example, the Seventh Circuit’s Judge Posner appeared in Second Life with an avatar closely resembling him to answer questions from, among others, a DC IP lawyer using an avatar of a humanized raccoon. Check out the New World Notes blog for a transcript and some screenshots.

Chicago IP Litigation Blog Hosting Blawg Review #133

I am hosting the 133rd weekly Blawg Review on Monday.  For those of you new to the Blawg Review, it is a round up of the best law blog* posts of the last week based upon submissions and the host's (that's me) own additions.  Feel free to nominate your own posts -- click here for submission guidlines and a form for submitting your posts.  And check back Monday morning for Blawg Review #133.

*  I generally use the term "law blog."  The Blawg Review goes with "blawg" to mean the same thing.  There has been considerable debate on which term  is most appropriate -- click here, here or here if you really want to know more about this debate from Kevin O'Keefe at LexBlog

Blawg Review #123

Blawg Review #123 was published today by the Texas Appellate Law Blog.  For those who do not know, Blawg Review is a review of each week's law-related blog posts hosted by a different legal blog each week.  This week's review is written in the style of an appellate opinion.* The review highlights yesterday's Blog post reporting that Roger Ebert has withdrawn Disney's right to use Ebert's thumbs up/thumbs down trademark until negotiations regarding Ebert's return to his movie review program are resolved.  I will be hosting the Blawg Review on November 5th.

*  The Blawg Review opinion did not reach the issue of whether "blawg" or "law blog" is the correct term for legal blogs.  This is, perhaps surprisingly, a hotly contested issue (and here and here).  I side with Kevin O'Keefe at LexBlog.  Legal blog or law blog is sufficiently descriptive and the least confusing title.  "Blawg" is too cute and confuses people.