Alohabob's PC Relocator and PC Backup
January 26, 2005
Good PC migration software provides the ability to transfer all the applications, files and settings from your old computer to your new one regardless of the hardware configurations or operating systems of each. Rather than having to start from scratch when configuring a new computer, PC migration software speeds the process and provides the ability to transfer programs, files and settings from your old machine to your new one so the new computer looks, feels and functions just like that old clunker you were used to.
Strengthening the Patent System
January 03, 2005
America's patent system is at a crossroads. There are many critics of the patent system; some have become increasingly vocal. Some claim the patent system is outdated. Others label it as a "threat to innovation." As fodder for their arguments, critics often tout examples of one or more patents that, in the words of one academic, are "not new, are obvious, are laughably insipid or sometimes all of the above" ("Patent Prescription: A radical cure for the ailing U.S. patent system," A. Jaffe and J. Lerner, IEEE Spectrum Online, Dec. 10, 2004).
Raising the Stakes in Copyright Litigation: The Availability of Punitive Damages
December 30, 2004
The threat of enhanced damages, particularly in the hands of a jury, can have a considerable effect influencing the strategic conduct of litigation. Assuming some merit to a claim — at least sufficient to withstand summary judgment — the possibility of a verdict doubled or trebled or otherwise multiplied to deter or punish perceived willful, malicious conduct, perhaps representing many times the plaintiff's actual damages or the defendants' profits, can indeed be something of a gun to the head. To some plaintiffs seeking to vindicate a perceived wrong, the prospect of punitive damages can, of course also be something akin to the brass ring, adding extra incentive spurring pursuit of a verdict to the very end, even in a case that might otherwise settle.
Avoid and Overcome Descriptive Objections under Section 2(e) of the Lanham Act
December 30, 2004
Section 2(e) of the Lanham Act provides that no trademark shall be refused registration unless it consists of a mark which when used on or in connection with the goods or services of the applicant is merely descriptive or deceptively misdescriptive of them. Despite this caveat, trademark owners gravitate toward descriptive marks because they easily convey to the intended user something about the nature or characteristics of the goods or services. Because of that easy association, some trademark owners believe that they can obtain "exclusive" rights to a mark without having to expend the large amounts of money typically required to educate consumers of the connection between a mark and the goods or services with which it is associated when a less descriptive mark is adopted. For those who are keen to register marks that have some descriptive qualities but also hold the capacity for distinctiveness, taking appropriate precautions in preparing the application and presenting evidence of distinctiveness to the Patent and Trademark Office may greatly increase the likelihood of obtaining a Principal Register registration.
In The Marketplace
December 30, 2004
Highlights of the latest equipment leasing news from around the country.
Leasing: The Next Generation
December 30, 2004
At the launch of its annual sales meeting, a senior executive of an international company remarked that if the payment obligation had a hell or high water payment obligation, his company would try to finance it.
How To Empower Your Client
December 27, 2004
Most divorce clients initially feel "powerless" about the events of their lives and their potential divorce litigation. With some creativity, attorneys can encourage their clients to take affirmative steps from the onset, and permit them to feel proactive instead of reactive to the circumstances in which they find themselves. This initial interview with a client carries significant weight and sets the tone for the attorney-client relationship. Attorneys can impress a potential client with their experience in dealing with these issues and solidify the client's trust in their expertise. The creation of trust in the relationship must occur. To accomplish this goal, the attorney must listen to the potential client's facts. Depending on the circumstances, the attorney analyzes the information presented, counsels the client on what facts are important to prove the case and informs the individual how to obtain them. The "empowered client" now has a sense of direction and actually may uncover significant information that might resolve or alter the final result of the case.
Leveraging Specialty Libraries
December 27, 2004
Like many firms, our law library collection and the prime real estate space it consumed at our offices in Chicago were realistic targets for cost-cutting consideration. The challenge for many law librarians has been to reduce costs while still ensuring their firms' attorneys and research staff have access to the right information they need when they need it.
Practice Tip: 'It's NOT Electronic Paper'
December 27, 2004
As the courts and clients struggle with the growing complexities of electronic information, the federal judiciary has begun exploring proposals aimed at addressing the challenges of electronic discovery. While several of the current federal proposals are still open for comment, it is worth taking a moment to consider the fundamental properties of electronic data and how conventional thoughts on evidence do or do not apply. As comforting as it would be to think of electronic evidence as just digital paper, the reality is that there are some inherent properties of electronic evidence that make it fundamentally different from conventional evidence.
