23
May/10

What I Really Want To Do At INTA Tonight Is Watch the LOST Finale


Where can a lot of us watch the last episode of LOST?



22
May/10

BlogFest Is Monday at 8 – Lucky's Lounge


BlogFest, which everyone else insists on calling Meet the Bloggers, is Monday at Lcuky’s Lounge at 8. I will be autographing copies of the blog. John Welch will be handing out squeezy balls. If you would like to meet up and say hello and can’t make BlogFest, then drop a line to marty at schwimmerlegal dot com. I’ll be appearing all week. Try the veal.



18
May/10

The Trademark Blog Is Eight Years Old Today


I started the Trademark Blog eight years ago today. Bret Fausett was publishing the ICANN Blog at the time and I asked him for advice, and he recommended Radio Userland software. Nathan Hoover helped me install it. The first week, Ernest Svenson, Denise Howell and Tom Mighell, all lawyer-bloggers, linked to me, because they viewed legal-blogging not as a new type of brochure, but as a cause to be promoted (it’s sorta both).
At that time there were not many blogs and every blogger read every other blogger’s work. After two weeks, a gossip/fashion blog wrote: “I came across the Trademark Blog. At first I wondered “why?” but now I’m strangely fascinated.” Which describes my reaction as well.
Once I was reporting a case in which the judge used the word ‘chutzpah’ which I described as an old Latin legal term for ‘unmitigated gaul.’ Someone studying for a PhD at UCLA emailed to inform me that chutzpah was in fact a Yiddish word.
At some point, Dennis Kennedy, who awards the Blawggies, re-named the Best Single Subject Law Blog award after the Trademark Blog, as a polite way of excluding it from future consideration.
The Trademark Blog used to be on the ABA Top 100 Law Blog list, then fell off once there were more than 100 Law Blogs.
According to AVVO, the Trademark Blog is the 25th most read legal blog.
The micro-blog version on Twitter (@trademarkblog) has 744 followers, however many of those are people trying to sell something.
According to Scribd, legal documents embedded on the Blog have been accessed a quarter of a million times. That stat at least hints at some usefulness to all this.
If you have read all 4316 blog entries over the past eight years, then you probably would be somewhat informed as to Trademark, Copyright and Domain Name law. If you have written all 4316 entries, then you would be me.
The New York State Bar, to which I am a proud to be admitted, believes that blogs are advertisements, and attempts to regulate them as such. So on that note I conclude by pointing out that I am a lawyer providing spirited service at popular prices. I rent out by the hour, day, or longer, according to the taste of the customer.



15
May/10

This Week In Law (in which I appear)


Hosted by Denise Howell. I appear along with Boing Boing writer Xeni Jarden and Cyberlawyer Kevin Thompson. We discuss various Facebook privacy issues, the Salinger case, the Hurt Locker, Nintendo and Gucci suing Chanel.
Show notes here.



23
Apr/10

Scorpion Bowls At The Hong Kong


If the expression ‘Scorpion Bowls at the Hong Kong’ has secondary meaning to you, then contact me and we can plan an expedition there for INTA.



5
Apr/10

Easter Monday Is 'Civility Among Lawyers' Day


Background here. How will you honor this annual event today?



23
Mar/10

We're Looking For A Mid-Level TM/(c) Litigation Associate


Experience the romance of trademark and copyright litigation directly at the source, the 11th floor of the Chrysler Building. High-profile, cutting edge IP litigation practice, good-looking partners, etc. We’re looking for a litigation associate, 4 to 6 years experience in trademark and copyright and neighboring rights civil litigation. Sorry to be strict but we are serious about these specs: ‘litigation associate’ doesn’t mean ‘wants to get out of prosecution’, 4 to 6 years doesn’t mean ‘graduated law school last year’, ‘trademark and copyright’ doesn’t mean ‘bored of this one breach of contract case.’
Encyclopedic knowledge of popular culture a plus; claims of having read the TM Blog since 2002 subject to verification
Send your resume with a 2 paragraph cover email highlighting what you don’t want us to miss, to mschwimmer at symbol mosesandsinger dot com. No need to be funny or clever in the email, just to the point. Phone calls will disqualify.



4
Feb/10

Unfettered By Knowledge, I Speak Freely on Fox Business Live


I’m still shuddering. I was supposed to appear on Fox Business Live (a streaming version of Fox Business) to discuss the IP aspects of Google’s dispute with China. Then this morphed into ‘the IP aspects of Secy of State Clinton’s Internet Freedom speech’ (which was a very good speech even though there was little to do with IP). Then we’re live on the air and the anchor asks me about the Bank of China lowering interest rates. As I launch into it, I’m thinking “did he just ask me about interest rates?” To my credit, I did not allow the question to affect my answer. And I was able to work in the line “I can get you a Chinese Trademark Application from my computer in New York.” I should have offered a special Fox Business viewer discount. Call now. And I have some thoughts on IP protection in China, unused.



2
Nov/09

NewLawyer.com Spammed Me Yet Again


I don’t understand why their telemarketers don’t mark their records “do not call – angry abusive guy threatens suit.”



21
Oct/09

There Is A Scam (Still) Going Around In Which Law Firms Are Being Targeted


A approaches a law firm and says that they’ve negotiated a settlement in principle with B, and can the law firm please eyeball the final agreement. The settlement will be about $280k and you can keep $5k for 1 or 2 hours of work. A is to be paid by wire upon receipt of a certified check from B made out to the law firm. The certified check arrives and the law firm deposits it. The scam depends on the hope that the firm will mistakenly think that a certified check is like depositing cash, and will therefore immediately wire the balance to A. However, the certified check is forged.
Note: This scam is going on presently, while this post from the North Carolina Bar Association indicates that it has been around since at least May 2008 (and is of course a variation of the ‘classic’ bank frauds). The post contains practice pointers and red flags.