Features

... Any high school business student knows that marketing is an important and mandatory part of any business. This comes as a shock to attorneys who often conceive of themselves as belonging to some sort of 19th century guild. ...

The competition is heating up and smaller firms are in the hunt for ways to appear larger and have capabilities generally reserved for larger firms. The good news is that perception can become reality. Here are a few ways to "think big."

Features

When creating a marketing plan, the topic of exhibiting at trade shows invariably comes up. If your firm determines that a trade show will be a beneficial part of the marketing mix, it must be seamlessly integrated into the firm's marketing and sales plan rather than it being treated as an isolated event. This is not to say that the big show cannot be the crowning event of the year or as a kick-off for new promotions. <b>Make the trade show part of a Master Plan. </b>

The market is asking a great deal of law firms these days. The economy is still unpredictable, clients are demanding additional value at the same costs, and client loyalty is not what it used to be. As a result, many firms are struggling with instituting internal management controls that emphasize profitability and synergy in addition to practice excellence. <br>Frankly, the move by law firms to become more strategically oriented is reactionary. If you ask most lawyers, they did not expect management and planning to be a part of their daily duties when they entered law school. While some have embraced their new role, very few have done it before. An even smaller fraction is formally educated in the discipline of building strong businesses.

Features

Whether your firm provides pro bono work for the indigent, sponsors a race for charity, or provides grant money to a worthy cause, you should consider publicizing your charitable works. News coverage of your firm's good works will elevate its standing in the public's mind and creates more loyal clients. <p>Of course, there is a fine line between doing good for good's sake, and the perception of flagrant self-promotion. For this reason, a philanthropy communications plan must be developed with sensitivity and great care.

Features

In a decision interpreting the criminal offenses provision of the Copyright Act (17 U.S.C. '506), the Seventh Circuit Court of Appeals has held that a criminal conspiracy to pirate software did not constitute "fair use" simply because the Web site to access the software was operated by a university professor. <i>U.S. v. Slater</i>, 348 F.3d 666 (7th Cir. 2003). The Seventh Circuit found "preposterous" the defendant's argument that Internet piracy could become authorized under the fair use doctrine by using a professor as a Web site operator.

IP litigators appear to have blinders on when it comes to patent re-examination. All eyes are focused on winning the big event, the courtroom victory. To have the verdict upheld on appeal garners the ultimate win. While chasing the big dog of litigation, parties may be overlooking the power that can be wielded by the U.S. Patent and Trademark Office ("USPTO") in a re-examination proceeding.

Ample legal authority upholds the right of intellectual property owners to arbitrate their differences. (See part one of this article published in April 2004.) Indeed, arbitration providers, such as WIPO and the AAA, report an increased caseload for intellectual property disputes. What should counsel and parties consider in choosing arbitration as a means of settling their intellectual property disputes? What are the considerations for drafting arbitration agreements?