Archive for Litigation

Why Send A Demand Letter?

As long as there have been lawyers, there have been demand letters – a letter drafted by a lawyer to demand that someone stop acting in a way the lawyer’s client deems illegal. It’s an age old practice because it’s often effective. Sending a demand letter is a good way of gently escalating an existing conflict […]

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Lessons from the Cabin in the Woods Suit: Part 1 of 2

On Monday, April 13th, an author based in southern California filed suit against Joss Whedon and Lionsgate Entertainment alleging that the movie Cabin in the Woods infringed the author’s copyright in his book, “The Little White Trip: A Night in the Pines.” There are a couple of lessons to be gleaned from the suit. To […]

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Can I Use A Client’s Name or Picture In Advertising?

If you have a website for your business, you may have a testimonial section. This section will usually include quotes from clients along with their name and picture. Using your client’s name or picture implicates their right of publicity. While right of publicity laws vary from state to state, the Massachusetts’ law is very clear: […]

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The Importance Of Getting It Right the First Time

Earlier this week, the Supreme Court ruled that if the Trademark Trial and Appeal Board, an administrative court, made a determination about the likelihood of confusion, that determination may be binding in a later federal court case. Whenever you are involved in an adversarial process – either before an administrative court like the TTAB, or […]

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I Got a Cease and Desist Letter, Now What?

It used to be that cease and desist letters were on fancy firm letterhead and delivered via certified mail. Today you’re much more likely to get an unceremonious PDF attached to an e-mail. So what do you do? Read it carefully, identify what they want, and think about contacting an attorney. Cease and desist letters […]

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Patent Non-Infringement Opinions

In the world of patent litigation, there rarely much emphasis placed on taking a preemptively defensive posture. There is generally a feeling that ignorance is bliss when it comes to your competitors patent portfolios. While it’s true that if a potential infringer acts “despite an objectively high likelihood that its actions constituted infringement of a […]

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“Program Recognition Device” Triggers Means-Plus-Function Analysis

Patent laws in the US have long allowed inventors to claim their invention using “means-plus-function” language. But, for the last two-decades or so it has generally been a bad idea to do so. Means-plus-function language allows you to describe your invention using functional language: “a means for lifting a bar” or “a means for receiving […]

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Do You Believe in Magic?

Teller, of Penn & Teller, recently won a resounding victory in Federal District Court in Nevada. This case has stretched on for about two years, due mostly to the foreign defendant avoiding participation in the case, and representing himself. In 2012, Defendant Gerard Dogge posted a video on YouTube showing an improved version of Teller’s […]

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Don’t Be Concerned About Being Served Papers Over Facebook

Slashdot, via the NY Post, have articles about a recent case from Staten Island where a judge allowed papers to be served over Facebook. The titles of the stories imply that this is a new day in service of legal papers. It is not. The judge in this case made an exception to the traditionally […]

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