Mass Law Blog
Intellectual property and business litigation, Massachusetts and nationallyWritten by humans
Lee Gesmer’s Mass Law Blog began in 2005, and contains almost 600 posts. The site initially focused on Massachusetts law, but today it follows business and intellectual property law nation-wide. The site is hosted by Gesmer Updegrove LLP, a law firm based in Boston, Massachusetts. The firm represents startup and established companies in the areas of litigation, transactions (including financings, mergers and acquisitions), IP rights, taxation, employment law, standards consortia, business counseling and open source development projects and foundations. You can find a summary of the firm’s services here. To learn how Gesmer Updegrove can help you, contact: Lee Gesmer
In Search of the Perfect Search
The issues associated with Electronically Discoverable Information (ESI) hang over the legal profession like the threat of Katrina II hangs over New Orleans. Lets face it: most judges and attorneys would do anything to avoid confronting the complexities of ESI. However, judges are good at forcing lawyers to face up to bad stuff, so it's impossible to avoid the subject. Of course, in a huge case involving large sums of money it's no problem hiring a consulting firm that does all the work for...
Who Watches the Watchmen?
"How does the court have confidence that the public integrity section has public integrity?" Judge Emmett Sullivan, during the trial of former Senator Ted Stevens Prosecutor: I already got no proof how the victim got hold of that heroin. Now you're saying I can't put Hodgins on the stand? Why? FBI Agent: You don't wanna know the answer to that. Forensic Investigator: Why doesn't she wanna know? Prosecutor: As the prosecutor in this case, I'm obliged to share everything I know with the...
A Blog Symposium, Hosted by Truth on the Market
Take a book: Innovation for the 21st Century, Harnessing the Power of Intellectual Property and Antitrust Law, by Michael A. Carrier. Invite several IP and antitrust luminaries to comment on the book. The result: a "Blog Symposium" on the book organized by Truth on the Market. The Symposium is described as follows: The format will be as follows.Today we’ll have posts from Crane, Manne, Weiser, and Wright on aspects of Innovation for the 21st Century which focus on competition...
Hearts on Fire v. Blue Nile: Judge Gertner Rules That Keyword to Trigger Search Engine Ads Is a "Use" Under Lanham Act
The issue here, presented in the context of a motion to dismiss, is whether adoption of a trademark as a search engine keyword constitutes a "use" under the Lanham Act. The Lanham Act requires "use in commerce" as a condition of infringement, and as Judge Gertner points out, various courts have taken different positions on whether purchase of a trademarked keyword to trigger a sponsored link on a search engine is a "use" of the trademark. Judge Gertner surveyed the field and noted that most...
If a Picture’s Worth a Thousand Words ….
If you're a lawyer with a case involving the complex interaction of physical objects (say a plane crash), nothing can compare to a video animation that faithfully recreates the event. Your expert can show it to the judge or jury, and vouch for its accuracy. Of course, it's expensive to create one of these videos, but with Moore's Law and better graphics software, it's getting easier and easier. And if you're one of the many firms that creates these videos for lawyers, what better way to strut...
Is It Safe? Cloud Computing, That Is
The Electronic Privacy Information Center (“EPIC”) doesn't think so, at least when it comes to Google's so-called "Cloud Computing Services" (e.g., gmail, picassa, google calender). Here is a link to the complaint (pdf) EPIC has filed with the Federal Trade Commission. Quoting from the Complaint: Google routinely represents to consumers that documents stored on Google servers are secure. For example, the homepage for Google Docs states “Files are stored securely online” (emphasis in the...
This site is hosted by Gesmer Updegrove LLP, a technology law firm based in Boston, Massachusetts. You can find a summary of our services here. To learn how GU can help you, contact:
Lee Gesmer