The Right Tool for the Right Job

By: Jeffrey Hamilton Geiger.

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 […]

 

Hemingway Look-a-Like vs. the Court

By: Jeffrey Hamilton Geiger.

I love a good story.  The defendant is accused of a host of serious crimes.  His counsel requests a continuance of trial.  Why?  So that the attorney can appear in an Ernest Hemingway look-a-like contest.  The court gamely explained that: Between a muder-for-hire trial and an annual look-alike contest, surely Hemingway, a perfervid admirer of […]

 

Entertainment Meets Intellectual Property

By: Jeffrey Hamilton Geiger.

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 […]

 

European Vacation

By: Jeffrey Hamilton Geiger.

Allow me an international aside: Within hours, the much anticipated soccer a/k/a football match begins between Germany and Greece in the UEFA Euro 2012 tournament.  The backdrop, of course, is one full of tension between the nations as to complaints over Germany’s insistence as to Greek austerity measures while it remains in the Eurozone. So, […]

 

Thirsty?

By: Jeffrey Hamilton Geiger.

Here is a great post to a great court opinion concenring intellectual property protection of brands.  Just like the color “pink” and Pink Panther is to Owens-Corning fiberglass insulation, red wax is to Makers Mark Bourbon.  Drink up!

 

Three is Not the Magic Number

By: Jeffrey Hamilton Geiger.

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.  […]

 

The Wild Side of Lawyers: Line Spacing

By: Jeffrey Hamilton Geiger.

Do you remember when you were in elementary school and the teacher told you to write a 250 word essay? Or when you were supposed to write a two-page story about your summer vacation? Of course, for many of us, this was before the days of computer-assisted word counts and line spacing. As an aside […]

 

Legal Conflicts of Interest

By: Jeffrey Hamilton Geiger.

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

By: Jeffrey Hamilton Geiger.

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

By: Jeffrey Hamilton Geiger.

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 […]