Archive for February, 2012

Legal Conflicts of Interest

A recent post by my colleagues, Faith Alejandro and Doug Rucker, raised the difficulty in representing clients where there may be divergent interests.  generally,  a lawyer cannot represent both sides.  This is not remarkable, and makes perfect sense.  But, of course,  legal fees are not cheap and sometimes parties can agree to a resolution and […]

 

The (Slight) Democratization of Trademark Contests

What is the purpose of trademark law?  To prevent unfair competition by (a) providing assurance that goods/services are of a certain quality/consistency, and, critically,  (b) assisting consumers in making purchasing decisions. For example, if I go to a McDonald’s restaurant in McLean or Richmond,  I am (generally) guaranteed the same type of restaurant service.  Again, […]

 

FaceBook and Jurors Don’t Mix

In the latest occurrence of  juror idiocy, a St. Petersburg television station reports that Jacob Jock (real name) sent a FaceBook friend request to a female civil defendant (characterized as both young and attractive) during the course of trial.  The judge was not amused and Jock was dimissed from the jury.  Not content with his dismissal, Jock […]

 

Don’t Tread on my Internet

Regulation of the Internet is almost always in vogue.  The Luddites are scared of the technology and the politicians want to control it.  Recent proposed legislation has attempted to address copyright holders’ concerns over piracy of their digital content.  Specifically, the PROTECT IP and the Stop Online Piracy Acts aim to enhance powers for both […]

 

Girls Gone Wild: Trademark Style!

Madonna’s latest song title prompted a good article on trademark law by one of my colleagues in North Carolina, Donna Berkelhammer.  As you will see, the owner of  the “Girls Gone Wild” franchise,  sent a cease and desist letter to Madonna as to her singing a tune by the same name.  In my humble opinion, the […]

 

Taking People’s Land: A Proposed VA Amendment

My colleague, Andrew McRoberts, posted recently on a proposed amendment to the Virginia Constitution designed purportedly to protect property rights.   Purportedly, you say?  Yes.  I am all for property rights and embrace fully the notion that no one can take my property without paying me for it.  And there’s the rub.  You are entitled to […]