Don’t Distract the Judge November 7, 2009

Presenting arguments before the US Supreme Court is a nerve-racking experience. How much worse must it have been for Randolph Barnhouse? He made the unfortunate mistake of using the word “choate” as the antonym of “inchoate.”

Justice Scalia immediately noticed that choate is not the antonym of inchoate and that, in fact, choate is not a word. Despite Barnhouse’s attempts to turn Scalia’s attention from the gaffe, the judge had the final say, comparing the mistake to using “gruntled” as the antonym of “disgruntled.”

Is it just me or is that like being caught saying a made-up word in an interview for the job of your dreams? Barnhouse will be kicking himself for years to come.

Oh, and if you were wondering, antonyms for inchoate are: developed, grown, mature. Antonyms for disgruntled are: contented, happy, pleased, satisfied, uncritical.

Big Firm Trouble November 7, 2009

When a big law firm has trouble, they do it in a big way. In the past week, a Ropes & Gray associate was arrested for allegedly being involved in an insider trading scheme and a new Sidley Austin associate turned himself in to police for allegedly setting fire to a Sept. 11 memorial in Manhattan.

Barnes & Noble Trade Secrets Lawsuit November 3, 2009

Barnes & Noble is being sued for allegedly using Spring Design’s trade secrets to create the new reader, “Nook.” Spring Design says they had been in talks about licensing, and BN had signed a non-disclosure agreement. Spring Design recently released “Alex,” a reader that has a similar design to Nook. BN has no comment, and Spring Design has not released the court where the suit was filed or the damages sought.

Click here to learn how the readers are different.

Ebook Reader Market Explosion November 3, 2009

In 2010 dozens of ebook readers are going to hit the market. Hopefully, many will take a page from Marvell (excuse the pun) and price the readers at less than $200. (If you haven’t heard the Marvell Armada 166E reader will definitely be under $200. Some estimates are that it will cost $150 or a mere $100 when released.)

So, if you’re thinking about buying an ebook reader as a Christmas gift this year, you might want to wait. Next Christmas you might get a much better deal.

Mac Ad Makes a Good Point November 3, 2009

Is it just me or does Mac make a good point with its ad questioning why consumers should buy a new computer to experience the wonders of Windows 7? What is the point of Windows 7 if you can’t just upgrade your current computer? Are you being punished for not using Vista, although Vista was a headache for many people? (Myself included.) And, why is Windows 7 so expensive? If you missed that initial $30 promotion, you probably don’t want to buy it now at $120– or buy a new computer.

Watch the ad here:

Ebook Price Debate: Too Expensive? November 2, 2009

I like to hold a book in my hands when I read and I refust to spend $300 on a portable reader. But, when it comes to price and my appreciation for immediate gratification, I’ll buy an ebook. Hey, I’ve got too many books on my book cases anyway.

However, I’m finding, all too often now, that ebooks aren’t less expensive than printed books. Whoa! What happened there?

One argument is that a printed book and an ebook costs the same amount of money to create. But, shouldn’t there be additional costs that make the printed book more expensive than the ebook, which would help ebooks be less expensive?

Another argument is that the price of an ebook is not only based on the cost of production, but on the value of the content. Maybe that’s reasonable when talking about textbooks, but what other books (mysteries, science fiction, biographies, romances, etc…)? The cost of those printed books is usually based on the format of the book (pages, size, cover, etc…), instead of their content. Why should something other than format cause you to pay more for an ebook?

A third argument is that there should be no difference in price between printed books and ebooks, because its a business and a profit has to be made by authors and publishers. Sure, and health insurance companies have to make a profit and car manufacturers and finance companies and banks and…

What do you think? Is it greed or just good business?

Read a Times article about the price of ebooks here. And, a Techdirt article here.

Walmart’s Big Heart November 2, 2009

Want to do legal work for Walmart? Hope you have a flextime option for employees. Walmart already considers law firms based on cost-effectiveness, performance, and diversity, but this is new and unique.

However, even Walmart knows that firms may have a flextime option, but employees are often discouraged from taking advantage of it. I wonder if they’ll consider that reality as a factor in evaluating firms? If they don’t, what would be the point of taking flextime into consideration at all?

I know a lot of lawyers who would enjoy flextime, but, with the current economy, the move toward flextime in firms has taken a definite hit. Most consider it too big a risk. To really make a difference, flextime would have to be accepted by other clients.

Perhaps Walmart’s example will show that flextime doesn’t mean a client won’t get the attention they need– even if it isn’t always around the clock.

Trouble for New Grads November 2, 2009

If you’re a new grad, or a not-so-new grad, the idea of paying back student loans may have you despairing. Especially, if you don’t have a job or if your job doesn’t pay much.

St. Louis Post-Dispatch columnist, Bill McClellan, is a dad who understands. He asks what happened to getting a “good” job after college or grad school? Read it here.

Chuck is Coming Soon! October 29, 2009

Have you heard? Chuck should be back very soon on NBC. They ordered more episodes (now there will be 19 in all), so it’s just a matter of time.

Misunderstood: Trademark Basics October 29, 2009

Today it seems like everything is trademark protected. So, you should register a trademark with the USPTO too. Um… Shouldn’t you?

Maybe not. Not everything is registrable.

The most basic principle, which is often misunderstood, is this: You must be using, or intending to use, your trademark as a trademark.

I know. That’s confusing and circular.

What I mean is that your trademark must be a source identifier that helps the public to set your goods or services apart as different. If you’re selling goods, it has to be on the tag or label. If you are offering services, it has to be on the advertisements (including the applicable website). I recommend that you use the ™ symbol whenever you use your trademark—but, do not use the ® symbol until the trademark is officially registered.

Also, the trademark must be currently in use to be registered. You can file an application saying that you are intending to use a trademark, but it won’t actually be registered until you swear it is in use and provide the USPTO with a specimen (that label, tag, or advertisement I mentioned). The USPTO will give you a deadline, so you shouldn’t file unless you truly will use in the relatively near future.

If you want to know whether what you want to be registered is really a trademark, call an attorney, like me, who has extensive trademark experience. A trademark attorney can help you realize what you’re doing right and what you’re doing wrong. And, she can do a search to help you decide if your trademark is too similar to someone else’s registered trademark to have a real chance of registration.

Don’t wait until you’ve invested a lot of time and money. Find out now.

Just a note: I’ve met many people who were misinformed about trademarks. Getting advice from an experienced practitioner is an important investment in your future that can save you a lot of unnecessary frustration.