The INTA Listserv has a thread going this morning on set fee billing.  While I understand the movement toward set fee billing my stock line is that set fee billing is a gamble between the outside lawyer and the client, and if either side wins big, it isn’t healthy for the trusted counsel relationship.

Set

The 2d Circuit frowns on the idea of awarding monetary damages under ACPA to domain names registered prior to ACPA’s enactment in 1999.  Note: the defendant in this case is not related to me and spells his last name differently.

Vermont Teddy Bear Company v. Schwimer, 03-7030 (2d Cir July 1 2004).

SCO, scourge of the LINUX world, has filed a trademark application for UNIX SYSTEMS LABORATORIES, which had been a registered mark belonging to, oddly enough, Unix System Laboratories.  As far as I can tell, the registration went from USL to Novell to X/Open, which let the thing lapse in 2000.

The folks at Slashdot and