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Features

<b>Practice Building Skills:</b> Investing in Your Associates

Chuck Polin & Evan Polin

In order for a firm to be competitive in today's market, more and more attorneys in each firm are expected to become rainmakers. There are two primary reasons for this shift.

<b>Commentary: </b>In Law Firm Marketing Today, the Glass Is Half Full

Liz Pava

When legal marketers are ahead of their lawyers, or when lawyers are ahead of their legal marketers, their expectations of one another are out of sync. These days, the departure of a marketer, whether by choice or with a nudge, presents an opportunity for a firm to reassess where it is, where it wants to go and how it will get there. Each new marketing hire represents an opportunity for more precise alignment of a marketer's skills and characteristics with a firm's strategic and financial objectives.

Overmessaging

Jason S. Dinwoodie

Dwelling on your "message" (or what you want to say) at the onset of any reporter's inquiry, or at any point during the reporting process to the exclusion of all of the other component parts of the reporter/source/communications professional interaction (deadlines, non-verbal cues, relationships, etc.), is sure to result in less than optimal coverage. This can only be described as "overmessaging" or "over-PRing" a situation.

Using the Write-Speak-Sell Approach To Business Development

Ray Rahmati & Greg Wilson

In today's world, corporations live and die by the success of their brands. Unfortunately, the world of law remains remarkably detached from what is essentially the lifeblood of the majority of industries. It is often difficult to differentiate one top-tier law firm from another, which is in sharp contrast from the marketing efforts of other service sectors such as accounting, management consulting or investment banking. Branding is essential to business development, regardless of industry sector.

The LexisNexis Martindale-Hubbell Peer Review Ratings

R. Michael Gibeault

For more than 135 years, attorneys have relied on the LexisNexis Martindale-Hubbell Law Directory to provide them with authoritative information on the worldwide legal profession. Martindale-Hubbell's exclusive Peer Review Lawyer Rating System evaluates attorneys and law firms in the U.S. and Canada with its independent peer review process.

Features

Client Feedback: Have You Taken It To The Next Level?

Donald E. Aronson & Bruce D. Heintz

Is it possible that your firm has gone as far as it can with its present approaches to client feedback ' that is, surveys conducted either by written/Web questionnaires, by telephone interviews or by in-person interviews? Has the value received reached a plateau and are you now experiencing diminishing returns? If so, isn't now the time for your firm to be exploring ways to take client feedback to the next level ' especially with the firm's largest and most valued clients?

Note From The Editor

ALM Staff & Law Journal Newsletters

Well it's a new year and I am hoping that it will be an exciting one. This year in addition to the MLF 50, which is open to firms of 100 attorneys or more,…

Features

The Market Power Presumption Revisited: Court to Consider Whether Patents Confer Market Power in Tying Cases

Paul A. Ragusa

Antitrust law has long prohibited producers with market power from engaging in tying arrangements, agreements in which the sale of a highly desired "tying" product is conditioned on the purchase of a second item. The Supreme Court has held that sellers must exert power over the marketplace to be guilty of illegal tying under the Sherman Act. Does the existence of a patent on a product create a presumption of market power? On June 20, the Supreme Court granted certiorari in <i>Illinois Tool Works Inc. v. Independent Ink, Inc.</i>, 2005 WL 770269, *1 (U.S.) (2005) to consider this question.

Features

IP News

Compiled by Eric Agovino & Shane Cortesi

Highlights of the latest intellectual property news from around the country.

The Third Circuit Carves Out New Real Estate for Itself: A New Standard for Nominative Fair Use in the Trademark Context

Erin S. Hennessy

A trademark identifies the source of a particular good or service, and trademark law seeks to protect against a third party's use of a mark that "is likely to cause confusion, or to cause mistake, or to deceive" as to source. 15 U.S.C. '1114(1). That is, certain aspects of trademark law "preven[t] producers from free-riding on their rivals' marks." <i>New Kids on the Block v. News America Publishing, Inc.</i>, 971 F.2d 302, 305, (9th Cir. 1992).

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    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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