Three things on Fox v. Franken:
2. A well-known trademark lawyer floated the provocative but unprovable idea on the INTA list that the Supreme Court and other appellate courts have been ruling against trademark owners recently because of high-profile suits such as this where trademark owners, (accurately or not) can easily be portrayed as abusing trademark law (and another well-known trademark lawyer wrote in to agree).
3. Clients come to us in part because of our judgment. If we are thinking “In bringing this particular suit in this particular manner, the client exposes itself to risk greater than that of the complained-of act” and we do not communicate that thought effectively to the client, then we are cheating the client.