Blawg Review

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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.
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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.
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Continue Reading Legal News

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:
Rush on Business — Click here to read Review #147 which followed law blogs as they participated in Iowa’s famous RAGBRAI cycling race/ride (I love cycling).
Patent Baristas — Click here to read Review #161 which provided a powerful message on Memorial Day.
Likelihood of Confusion — Click here to read Review #191 which took a legal look at the possible explanations for the miracle of Chanukah.
* 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?
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Continue Reading Best Blawg Reviews of 2008

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.
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Continue Reading Blawg Review #189

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.
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Continue Reading IP Legal News

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.
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Continue Reading IP News & Advice — Thanksgiving Edition

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.
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Continue Reading Blawg Review #186

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.
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Continue Reading IP-Centric 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.
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Continue Reading Election Day Blawg Review

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.
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Continue Reading Blawg Review #182: I Hope You Studied