Archive for the ‘legal action’ Category

Lawyers and the Funny Papers

I have to hand it to Bob Kohn who, after being told he could only file a five page brief, did so in comic format (or a “graphic novellette” as he referred to it)  with great elucidation on the complex topic of antitrust law dealing with price structuring for e-books.  Kudos to the ABA Journal […]


$304 Million Attorney’s Fee Award?

Attorneys’ fees are fair when the work that is done is appropriate for the task that is demanded.  Indeed, the Rules of Professional Conduct require that “A lawyer’s fee shall be reasonable.”  Makes sense, right? In a 110 page opinion, the Delaware Supreme Court affirmed (among other things) an award for attorneys’ fees in excess […]


Interesting Article on IP’s Benefits to VA’s Economy

Even as manufacturing and heavy industry is outsourced, I am ever encouraged by America’s very, very strong intellectual property regime.  Here is an encouraging article on Virginia’s (and our country’s) continued culture of innovation in the Jefferson Policy Journal, especially in the area of biotechnology.


The Right Tool for the Right Job

I commented recently on litigation involving Maker’s Mark Bourbon and its distinctive red wax seal. Understandably, Maker’s Mark did not want competitors to use red wax with their beverages as it would create a false association in the mind of the consumer and dilute the brand. And the court agreed. But at what cost? While […]


Entertainment Meets Intellectual Property

When I mention that I engage in intellectual property law, a lot of people simply look askance. Yet, as I tell my students, intellectual property drives the United States economy and creates the opportunity for us to level the playing field with low wage developing nations through our creative and entrepreneurial spirit.  Think entertainment, science […]


Three is Not the Magic Number

For the DeLa Soul afficionados out there, three is apparently not the magic number.  The headline says it all:  “Georgia man’s death during threesome nets his family $3M in trial.”  Really?  Presumably, the 31 year old man’s heart attack could have been stopped by his cardiologist advising him not to engage in extramarital sexual activity.  […]


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 […]


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 […]