Damox's Legal Blog

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Saturday, February 04, 2006 

Got A Patent - Get It Enforced in Marshall, Texas

Do you have a patent that's so ridiculous, no court in the United States seems willing to enforce it? You need to head to Marshall, Texas, a place that is quickly becoming world famous because it is home to the district of the Federal Court where Judge T. John Ward presides.

Judge Ward seems willing side with anyone's claim of patent infringement, no matter how frivalous that claim may be. He's become so notorious for this practice, even companies in other parts of the world that hold patents know his name. When they want to sue somebody, they know what court they need to get to. Defense attorneys also know the name, which means they usually settle. Some of these settlements are millions of dollars.

So why is Judge Ward allowed to stay on the bench, when he is so clearly a flaw in the justice system? What if a judge were to decide everyone accused of a certain crime was guilty, no matter what the evidence? I know that there are about 10,000 other things that need to be fixed in the state of Texas, but it seems like the solution here is a lot easier than solving the state's education problems, which are probably the root cause of this lack of understanding of patent law.
The Impact of Emerging Technologies: A Haven for Patent Pirates - Technology Review


Thursday, February 02, 2006 

New Trademark Law Affect Artists

When the cat's away, the mice will play. It seems that the legislative branch of our federal goverment, which has been operating under the firm control of Republicans for over 4 years as Democrats have been voted out of office, is preparing once again to make a law that serves only the corporations that donate the money that has helped keep the GOP in control.

HR 683 - the Trademark Dilution Revision Act is the ugly name of any ugly law currently being proposed. It will essentially prevent the use of any trademarked items in areas that used to be considered fair use. Remember Andy Warhol's screenprints of the Campbell's soup cans? Ever see a group promoting a greener earth use the Hummer to show what a gas guzzling vehicle might look like? Those would be considered dilutions of trademarks under this new bill, and they would leave the producers of those images liable for damages.

Even reportage and commentary are not considered fair use under this new law. Imagine Consumer Reports trying to review the newest Chevrolet Corvette: the new top of the line sports car from that American car company with the bow-tie logo is fantastic but offers little interior room and lackluster stereo sound with the optional sound package from this sound equipment manufacturer named after the mountains of Europe.

It's like playing Jeopardy when we do not want to. Why would politicians even consider this? Could it be that their precious campaign donors do not want anyone saying anything bad about their trademarks, or portraying them in a less-than-beautiful way? Write your local congressman ASAP and tell them this bill is junk, and remind them that their position is not a lifetime appointment, and we STILL have the power over them.
StockPhotographer.info - Important New Legislation Proposal


Monday, January 30, 2006 

Law Student Lays Smack Down On Professor With Email

Here's a rather funny story of a law student who sent his professor a rather rude email asking why grades had not been posted yet. The professor fired back by forwarding the message around, and also writing a response of his own, attacking the students lack of civility, courtesy, and respect, all of which are standards the BAR holds its members to. This is a really good read, especially for current law students.
Dion Alaniz Wants Answers, Professor Hills Wants Civility


Sunday, January 29, 2006 

The End of the Blackberry - A Study in Patent Law

Here's a great history of the RIM patent case, which could lead to the end of the Blackberry network as soon as next month. This could have been settled a long time ago for a few million dollars, but a very poor legal strategy by the RIM lawyers has brought the case to where it is today, with millions of users in jeopardy of losing service.

This is a classic case of lawyers with big egos hurting their clients. The RIM lawyers thought they were too big to have to respond to claims by NTP that their technology was infringing on their patents. They thought they could ignore those claims, and NTP would just go away. Now it seems that RIM will be the one going away, all because they took the advice of lawyers who refused to give an inch.

This article is a must-read for anyone considering going into the field of patent law or corporate law.
Globetechnology: Patently Absurd