Seattle Trademark Lawyer

Here are several stories and updates, as well as a new IP blog:
At Patently-O, Dennis Crouch covers the Federal Circuit decision in the appeal from the Northern District of Illinois case SourceOne Global Partners, LLC v. KGK Synergize, Inc. — Click here for Crouch’s post on the appeal and here for my post on the underlying decision.
The latest installment of Doug Lichtman’s IP Colloquium is available — click here to listen. Lichtman and his guests from Microsoft, Paramount Pictures and MySpace discuss the protection of content in the digital age. As always, it is an excellent listen and CLE credit is available.
Seattle Trademark Lawyer Michael Atkins has another great post up about Olympic trademarks, this time featuring an article that ran in the Chicago Tribune (here) and LA Times (here) quoting both Atkins and me.
California attorney and mediator Erica Bristol has started the IP Watchtower blog. The blog covers all facets of intellectual property and the initial posts suggest it will be a great read. I have added it to my feed reader.

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Here are several stories that I have been wanting to blog about, but have not been able to get to because of the new Local Patent Rules, my webinar on reducing IP litigation costs (I was glad to see that so many of you attended and found the presentation valuable) and pressing client matters:
Judge Zagel was interviewed by Metropolitan Corporate Counsel. He discussed how his docket has been impacted by the recession and noted, among other things, that parties have been much more interested in and willing to agree to staying cases or slow discovery — click here to read the story. He also briefly discusses discovery of electronically stored information.
Seattle Trademark Lawyer has an excellent series of posts on the US Olympic Committee’s enforcement of the Olympic marks, to which it has almost absolute rights based upon federal law — click here, here, here, here and here. I had planned to write about these issues myself early this week while Chicago enjoyed winning the 2016 Summer Olympics, but as you all likely know by now that is not quite how the vote went.

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Here are a few stories from the blogosphere that I did not have time to fully cover this week because of pressing client matters and some new opportunities:
* The Federalist Society is offering an excellent podcast discussing Bilski from almost every possible angle. The podcast features West Virginia University Law Professor Michael Risch and American University Law Professor Joshua Sarnoff, who filed competing amicus briefs. The podcast is a half-hour well spent for anyone involved in patent law. Click here to listen to the podcast. Hat tip to Duncan Bucknell at the IP Think Tank Blog for pointing out the podcast.
* Doug Lichtman’s IP Colloquium takes a thorough look at the copyright issue of the year thus far, Shepard Fairey’s iconic Obama image, and Lichtman offers free CLE credit for listening. Click here for that edition and here for the IP Colloquium’s archives.
* Michael Atkins has identified the top five trademark cases of the last year at the Seattle Trademark Lawyer. Number 4 is the Seventh Circuit’s decision in AutoZone v. Strick. Click here for more on the district court decisions in the case from the Blog’s archives. This is what Atkins had to say about the Seventh Circuit’s decision:
[G]ood likelihood of confusion analysis in reversal of hard-fought trademark infringement case, which also was one of the first dilution cases under the [Trademark Dilution Revision Act].

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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.

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Here are several stories and updates worth a read:
I am hosting the August Carnival of Trust on Monday, August 3 here. I hosted once before and really enjoyed the experience — click here and here. The Carnival of Trust is a monthly, traveling review of ten of the last month’s best posts related to various aspects of trust in the business world. If you have trust-related posts from the last month, send them to me. by Friday or Saturday. For other examples of Carnival of Trust posts, check out recent hosts Adrian Dayton and Victoria Pynchon.
I was featured in Stephanie Allen West’s Reading Minds column in the ABA’s Law Practice Management magazine this month — click here to read the column. Along with Jennifer Loud Ungar, Andrew Flusche, and Todd Kashdan, I was asked to recommend a favorite management book. I went with an unorthodox choice, but a valuable read, the Boy Scout Patrol Leader’s Handbook. Here is some of my recommendation:
In the many years since I relied on the Handbook to run Boy Scout patrols, I have found the lessons in this volume to be equally applicable to leading and managing teams of lawyers or businesspeople. The Handbook is a powerful guide for developing successful organizations, maintaining group morale and achieving group success. As an example, it lists these 10 tips for being a good leader: (1) keep your word; (2) be fair; (3) communicate well and often; (4) be flexible; (5) be organized; (6) delegate; (7) set an example; (8) be consistent; (9) give praise; and (10) ask for help. These are words to live by for patrol leaders, lawyers and C-level executives alike.
Michael Atkins has a great post at his Seattle Trademark Lawyer about a strong brand protection program worth emulating — click here to read it.

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I have noticed that my news updates tend to be patent-focused, so today they focus on trademarks and copyrights:
IP Law & Business (subscription required to access the article) has an interesting article in the February/March 2009 issue identifying Justice Ginsburg as the Supreme Court’s “champion of copyright holders” because of recent opinions supporting broader copyrights. The article also identifies Justice Breyer, based on dissents in the same cases, as leading the cause for narrower copyrights. And the article predicts that the Supreme Court is trending toward a narrower view of copyrights.
Seattle Trademark Lawyer Michael Atkins has a timely post (click here to read it) that traces the March Madness trademark back to the Illinois high school basketball playoffs, as early as the 1940s. The NCAA and the Illinois High School Association have since pooled their rights and both have a license to use the marks.
Victoria Pynchon has a great series of posts looking at laches in trademark law based upon a recent Ninth Circuit decision — click here and here.

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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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As I mentioned here, I recently gave a presentation for the National Constitution Center on settlement agreement best practices. I focused on the important principles of: knowing your client’s and opponent’s needs; generating trust between the parties during the negotiation and through any ongoing responsibilities pursuant to the agreement; bringing in experts on various topics; and making sure that your agreement and its terms had buy in from all relevant client stakeholders (not just legal, but accounting, media relations, tax and the appropriate C-level or business executives. You can see a copy of the slides here.
Mike Graham, the Seattle Trademark Lawyer, is presenting soon on a related topic, except he is looking at planning ahead for potential litigation in trademark licensing. It promises to be a very interesting presentation based on Graham’s initial notes — click here to read them. Just as litigators do well to bring in licensing experts to finalize settlement agreements, licensing attorneys do well to have a litigator’s perspective on their agreements.
[UPDATE:] I just learned that Seattle Trademark Lawyer (the blog, not Graham) turned two yesterday — click here to read Graham’s birthday post. Congratulations Mike. Two years of top quality content, and going strong. I started this blog a few months before Graham started STL. It is nice to see my contemporaries succeeding.

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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 Blog – one, 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 LZR. IPKat 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.

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Here are several items that did not necessarily warrant a separate post, but are worth some attention:
Chicago blogger Evan Brown of Internet Cases recently participated in episode 16 of the This Week in the Law podcast with law blog luminaries Denise Howell (the host), Nicole Black, Marty Schwimmer and Ernie Svenson — click here for Brown’s post and a link to the podcast. Their lively discussion included numerous IP topics including:
DMCA anticircumvention provisions;
ediscovery; and
the Viacom v. Google discovery issues (the parties ultimately agreed that the compelled user data could be produced anonymously).
Mike Atkins did a great series of post comparing the benefits of state and federal trademark registration — click here and here for the posts. These posts are a great primer, if you want to understand the differences between and trade offs for state versus federal registration.
The John Marshall Law School has been included in the PTO’s new Law School Clinic Program. Beginning this fall, second and third year John Marshall students will represent inventors in actual PTO proceedings. This is a great opportunity for both the students and the inventors. Click here for John Marshall’s press release about the new program.

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