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Get a New Online Strategy
2007-11-17 23:13:00
Andy Brudtkuhl, of Get a New Browser, just posted an invaluable guide on budgeting your web strategy. I recommend the guide to new and existing businesses alike. Anyone looking to expand their online presence would be well served by Andy's take on information collected from experts in diverse fields of online business. The post details cost estimates relating to everything you need to grow your online business. From Hosting, to Search Engine Optimization to Legal considerations, Andy lays it all out in easy to digest morsels. Having everything in one place like this makes it easy to divvy up those precious resources devoted to online exposure. Once your your venture takes off, you can always go back to the post again and hit the bells and whistles you did not have the cash for the first time around. Otherwise, you can just sit and wait for more fairy dust to accumulate. Of course that strategy is going to require keeping my number close at hand. Brett Troutweb strategy seo
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Avoiding Lawsuits - Easy as 1, 2, 3
2007-11-14 20:41:00
'Cause We're So CoolAmong the huge number of attendees and speakers at BlogWorld in Las Vegas were some of the brightest online minds on the planet. Not surprisingly, these folks' main focus was harnessing the Internet to do their bidding. While the established ventures had their cadre of lawyers, thwarting legal dangers at every corner, most smaller companies had no idea if what they were doing was simply an online version of digging their own legal grave. Emboldened by the impunity with which sites like YouTube seem to operate, many figured that even if they were breaking the law, some magical YouTube fairy was going to sprinkle magic invincibility dust over their business. You know, because their approach was so cool. How Much Fairy Dust Do You Have?Most of the smaller companies seemed to be betting their entire future on the existence of this magic fairy dust. The fairy dust approach, however, may not be as strange as it might appear on first blush. Confronted with the crippl...
More About: Lawsuits , Easy

The Law of Blogging
2007-11-13 16:26:00
Last week, Abby Prince of WebProNews.com did a fantastic take-off on a L.A. Lakers locker room interview with me (I just have not figured out if I am standing on a box, or she is standing in a hole). Check out the interview here and be sure to visit WebProNews for Abby's other incredible interviews with powerhouses like Leo Laporte and Matt Mullenweg. (Viewing those videos, it is clear that I am either standing four feet closer to the camera or am merely freakishly huge).Brett TroutBlogWorld blogging Interviews
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Blogging For Dollars
2007-11-12 21:30:00
Apparently, The Polk County Bar Association is pleased to announce that I will be the speaker for their November luncheon. Granted, they have not heard me speak yet, but still . . .Actually, having just returned from my speaking engagement at BlogWorld, I am excited to share insights I garnered from bloggers across the country. The topic of my Des Moines presentation is "Blogging for Dollars ." Had the naming been left to me, I might have leaned toward either "Blogging 101 for Iowa Lawyers" or "Modifying Allowable Armor for your WoW Paladin". Methinks the audience might be the same either way. If you are an Iowa lawyer interested in blogging, or at least being able to converse intelligently with your blogging clients (you have them, whether you know it or not), feel free to join us at Downtown Des Moines Marriott Hotel, Tuesday, November 13, 2007 at noon. Tickets are $19.00 at the door.Brett Trout

Be Back Monday
2007-11-09 07:21:00
I am currently at BlogWorld in Las Vegas speaking on trademark and copyright issues for bloggers. Until I get back check out my interview on Phil Gerbyshak's Make It Great blog.Brett Trout
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Second Life Patent and Trademark Office
2007-11-03 19:28:00
According to Virtually Blind, Second Life players FlipperPA Peregrine (aka Tim Allen) and Michael Eckstein have opened up a virtual Second Life Patent and Trademark Office (SLPTO) within the video game. This comes on the heels of six Second Life gamers suing Rase Kenzo (aka Thomas Simon) for stealing their intellectual property. The allegations range from Unfair Competition, to Copyright Infringement, to Civil Conspiracy. The designs allegedly stolen include clothing, shoes and beds. The SLPTO does not have any immediate plans for generating income, its owners have wisely stepped back and decided to let Second Life denizens choose how the SLPTO can best be utilized. Without legal teeth to back up the program, however, I doubt the SLPTO will solve many problems. Even if Second Life owner Linden Lab decides to support the new venture through enforcement, it is difficult to see how intellectual property registration, standing alone, gets anyone anywhere.I mean I love intellectual prope...

Judge Prevents Patent Office From Punishing Inventors
2007-11-02 15:01:00
I have written several times about the Patent Office 's recent attempts to restrict inventors' protections under the patent laws. On Wednesday, the day before the new rules were to take effect, Judge James C. Cacherisi, of the Eastern District of Virginia, shut them down.Over the strenuous objections of the Patent Office, Judge Cacherisi allowed amici (friend of the court) briefs from several entities bashing the Patent Office's new rules. Of particular note was the declaration of former Patent Office Director, Harry F. Manbeck, explaining why the new rules are illegal. The Judge actually relied on Mr. Manbeck's declaration in rendering the decision.Most importantly, Judge Cacherisi's ruling stopped the new patent rules from taking affect yesterday. The Judge held that the Patent Office's restrictions on the number of patent claims and number of continuations that an inventor could file appeared to be beyond the Patent Office's authority. The Judge also found that the new Pat...
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Please Don't Write Your Own Cease and Desist Letter
2007-10-30 19:29:00
Blowing up in your face.When faced with someone stealing their patents or trademarks, some companies opt to craft their own little witty missive to the perpetrator. Sometimes these letters work. More often they don’t. The problem is that when they don’t, the letter writer typically miscalculates the blast zone by a rather wide margin. Like Wile E. Coyote after a failed bombing, the scrivener stands addled and smoldering, wondering how things could possibly gone so horribly awry. What is the point?Getting an infringer to stop infringing is merely one, lesser, goal of a cease and desist letter. The primary goal of a cease and desist letter is to set the stage for a subsequent lawsuit. By laying out your rights and the application of the law to the infringer’s acts, a properly drafted cease and desist letter puts the infringer on notice of the alleged infringement. The better positioned you are to win a subsequent lawsuit, the more likely the other side is to settle. Why write yo...
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New Patent Office Rules Called "An Abomination"
2007-10-28 19:56:00
The calvary has arrived. Suffering the slings and arrows of the United States Patent and Trademark Office 's newly proposed rules, inventors now have reinforcements. The American Intellectual Property Law Association (AIPLA), the country's largest organization of Intellectual Property Law attorneys has filed an amici(friend of the court) brief in the GlaxoSmithKline (GSK) case. As you will recall, GSK is suing the Patent Office to force the Office to "perform neglected or unlawfully performed duties." (I wonder if I can sue my kids for that?)The AIPLA brief explains how the new Patent Office rules destroy existing inventor protections. According to Patently-O, even former Patent Office Director Harry Manbeck filed a declaration explaining why the new rules are illegal. Patently-O has posted the full brief, detailing all of the ways in which the new rules threaten the underpinnings of the Constitutionally mandated protections afforded inventors. Pundits are calling the new rules "A...
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The Boycott Has Been Lifted
2007-10-26 17:49:00
As you recall, I called for a boycott of Sullivan & Ward's new Iowa Law Blog. I was protesting the fact that one of their most talented and erudite pundits had not yet taken the stage. You will be glad to know that litigator and mediator extraordinare Larry McLellan has lifted the ban with great aplomb. In his first blog post ever, in gracious narrative, Larry examines the ins and outs of challenging jurors for cause. Explaining the tactics I have personally witnessed him use with a patent jury to great advantage, Larry explains the process of letting jurors help you give them the boot. Along the way, Larry dishes out hat tips to Harry Plotkin and Mike Coyle. Check out Larry's insightful post, and be sure to leave him a comment (I have heard that if you get to know him, he might even take you out for sushi). If this post is any indication of posts to come, we definitely do not want this to be his swan song. Brett Troutlitigation
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Trout On the Radio
2007-10-25 21:14:00
If you are an XM Satellite Radio subscriber, be sure to tune into The David Lawrence Show tonight at 10pm CST on Channel 171 (Open Road). David and I will be discussing recent clashes between the Internet activity and the legal system. If you tuned into our chat last year, you know David and I have quite different views on intellectual property and its use online. Tonight's broadcast promises to be even more interesting! Brett TroutDavid Lawrence Online Tonight

When Capitalism and Law do git t'gether
2007-10-25 16:03:00
The fearless, erudite and anonymous editor of Blawg Review (the Blawg that makes all blawgs better) is also hosting Carnival of the Capitalists this week. Now in its fifth year, and holding the title as the longest running blog carnival, Carnival of the Capitalists touts several blawgs this week. Among glitterati are The Wall Street Journal Blog and Overlawyered. Even this humble blawg garners some pixels recounting the story of the Little Kiwi That Could.Be sure to check out both Carnival of the Capitalists #211 as well as next week's Blawg Review #132, over at Home Office Lawyer, hosted by none other than Blogga Nostra's own Grant Griffiths. Brett TroutBlawg Review Blogga Nostra
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Do Nothing - Be More Productive
2007-10-24 19:38:00
Sorry I have not posted for a while, but I was in Florida . . . on the beach . . .working. No, really. I had a lot of work I needed to get done without interruption and figured "What better place to do work than on a beach." I flew to Florida, sat on the beach and had a very productive three days, maybe the most productive three days I have ever had. I probably ended up working twelve hour days each day, but it is amazing how much motivation you have to keep at it with sand squishing between your toes. Actually, without any interruptions, the time passed quickly and efficiently. Knowing I could stay on task for several hours without interruption allowed me to produce a more fluent, cohesive product. And when I got stuck . . . I just drifted out in the ocean for a while until that "ah ha" moment came to me and I could get back to work. Not only did I get a lot done and come back refreshed, but I have a deep sense of satisfaction knowing that the work I produced was better than I coul...

Cyber Law - The reviews are in.
2007-10-21 05:50:00
CyberLaw: A Legal Arsenal For Online Business hit the shelves last month. I just wanted to take some time to acknowledge all of the reviewers who have taken the time to offer their kind words. The reviews have been universally enthusiastic (be sure to let me know if I have missed any). Across the country, from the reviews at Amazon, to the Des Moines Register, to reviews by master of the Internet Chris Pirillo, entrepreneurs like Sandra Renshaw, corporate attorneys like Rush Nigut and even other cyberlaw attorneys like Michael Goldstein, Cyber Law is being extraordinarily well received. Remember, the first five Iowans to come up to me and mention Cyber Law at BlogWorld Expo in Las Vegas next month will get an autographed copy. Hope to see you there!Brett Trout
More About: Reviews , Cyber

Blogga Nostra
2007-10-19 17:04:00
What is it?Blogga Nostra is a talented (they impressed upon me that either that word or my brains were going up on the screen) group of Des Moines area bloggers who meet the first Friday of every month to share ideas and help new bloggers get started. Find out how a such a sleepy burg launched such a large number Top 1% blogs (as ranked by Technorati). When, where and how much?It's completely free (other than buying me a Double Ristretto Venti Nonfat Organic Chocolate Brownie Frappuccino Extra Hot with Foam and Whipped Cream Upside Down Double Blended with a sprinkle of cinnamon) and it takes place at Panera Bakery located at 6740 University Ave in West Des Moines. The next meeting is two weeks from today, on November 2nd. Who is it?Since it has been a while since I updated the Blogga Nostra roster, here is the latest. Visit some of these blogs and see what a terrific group of bloggers we have right here in Des Moines: * Brett Trout (Intellectual Property) * Rush Nigut (Corp...

Blogger Eviscerates Amazon 1-Click Patent
2007-10-18 16:31:00
Don't mess with bloggers. A New Zealand Amazon .com customer, disgruntled that his order had taken too long to arrive, decided to take on Goliath, Amazon's 1-click patent. The 1-click patent is probably the most famous, and most controversial Internet-based patent ever issued.The ProblemUntil the State Street case in 1998, the United States Patent and Trademark Office (USPTO) had not allowed any patents on methods of doing business. That all changed after the Court of Appeals for the Federal Circuit ruled that business methods could be patented. This led to a deluge of patent filings. Since the USPTO had no bank of business method patents against which to vette these new patents, the USPTO issued many patents on technology which was old or, at the very least, non-obvious. Will No One Fight?People were free of course to research the "prior art" on their own and provide it to the USPTO in attempt to invalidate the patent. However, the companies with the resources and the most to gain...
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Law Firm Suing Patent Office
2007-10-17 22:28:00
The PlaintiffGlaxoSmithKline (GSK) is boldly going where nearly every independent inventor wishes he or she could go - to court with the United States Patent and Trademark Office over the Office's new rules which take patent rights away from inventors. According to the complaint posted on Gene Quinn's IPWatchdog, on October 9, 2007 GSK sued the United States Patent and Trademark Office for, among other things, issuing new rules which restrict an inventor's ability to continue to prosecute a patent application as well as the number of patent claims an inventor is allowed to prosecute. GSK claims in their complaint that the PTO's Final Rules' restrictions on patent applications are Ultra Vires, which is legalese for "Who died and made you boss?" The ClaimsIn addition to arguing that the PTO does not possess the power to even make the new rules, GSK argues the Final Rules are vague, arbitrary, capricious, an abuse of discretion, not otherwise in accordance with law and that they...

When Does a Patent Expire?
2007-10-16 23:06:00
The U.S. comports with the WorldUntil December 8, 1994, the United States had held fast against reason in not knuckling under to the world's impression that patent terms should be calculated from the date the patent was FILED, rather than the date the patent was ISSUED. On that date Congress came to its collective sense and comported U.S. patent law with the General Agreement on Tariffs and Trade (the "GATT Uruguay Round"). Prior to 1994, the U.S. patent terms of 17 years from the date of issue. That means regardless of whether you filed your patent yesterday, or in 1970, you received 17 years of protection from the date of issue.Sinking Submarine Patent sSubmarines patents, made famous by the prolific and inventive Jerome Lemelson. Mr. Lemelson filed hundreds of patent applications on everything ranging from bar codes to superconducting electrical cable. Instead of prosecuting these applications quickly toward issuance, however, Mr. Lemelson would delay their issuance, often until...

Patent It and They Will Come (Maybe)
2007-10-14 16:51:00
Should I Get a Patent ? As a patent attorney, I get that question a lot. Unlike a lot of patent attorneys however, my first answer is typically not an emphatic “Yes.” A good patent is like a safety deposit box. Very valuable, assuming you have something valuable to protect. A patent is not going to sell your invention for you. The only thing a patent can do is to stop other people from selling your invention. If no one is interested in buying your invention, no one else is interested in selling it, making your patent rather useless.If Not Me, Who?I long ago gave up trying to guess whether a new invention was going to make money. I have had clients walk into my office, with “can't miss” inventions, that missed by a rather wide margin. On the other hand, one of the most successful, albeit wacky, inventions I have ever had the pleasure to patent was invented by a client I nearly politely shuffled out of my office in my own misguided attempt to keep him from wasting his money....

All Your Law in One Convenient Package
2007-10-10 15:57:00
Iowa Corporate attorney Rush Nigut is the brains behind the new Iowa Law Blog. Members of Rush's West Des Moines law firm Sullivan & Ward author posts on many areas of Iowa law, including: * Utility law; * Business Law; * Trust and Estates; * Trial and Mediation; * Employment Law; * Regulatory Compliance; * Family Law; and * Real Estate Although the site looks great and is filled with fantastic content, I would advise everyone to boycott the blog. While the Iowa Law Blog indeed has a stable of great bloggers, including the award-winning blogger Rush Nigut, they are keeping one of their most skilled athletes on the bench. I am willing to bite the bullet, and deny myself access to this valuable content until Sullivan & Ward member Lawrence McLellan gets in the game and imparts some of his litigation prowess onto us in the form of at least one blog post. I invite you to do the same. It is a gamble for sure, but knowing Larry, I am confident he will succumb to...
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Corporate Insights - RushOnBusiness Podcasts
2007-02-28 17:15:02
Iowa business lawyer Rush Nigut is generating mucho buzzo over his RushOnBusiness podcasts. Each half hour podcast shares insight from a captain of industry. New podcasts will continue to cover all aspects of running a business, from legal issues to putting your corporate ducks in a row. Rush's most recent podcast with Matthew Ashburn covers preparing your business for sale. Take a listen. If
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Super Bowl Law
2007-02-28 17:15:02
Title 17 of the United States Code, Section 110(5) states that the following DO NOT constitute copyright infringement: (A) except as provided in subparagraph (B), communication of a transmission embodying a performance or display of a work by the public reception of the transmission on a single receiving apparatus of a kind commonly used in private homes, unless? (i) a direct charge is made to
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Super Bowl Party and Some "Not So" Divine Intervention
2007-02-28 17:15:02
It is not divine intervention, but commercials that are driving couch potatoes from the temple. Nielsen ratings reportedly do not measure out-of-home viewings like the one planned this Sunday in Indianapolis at Fall Creek Baptist Church. NFL officials, concerned their $2,500,000.00 30 second commercial ad rates might plummet are forcing Fall Creek Baptist Church to cancel its planned "Super Bowl
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Request to Mediate a Patent Case Shows Strength
2007-02-28 17:15:02
Mediation is probably better suited and more underutilized in patent cases than in any other type of case. Legal expenses in patent cases that go to trial average $1,500,000.00 per side. Even if mediation is unsuccessful in finding a way to increase the size of the pie, it can at least be successful in ensuring the size of the pie eventually divided is not $3,000,000.00 smaller. Patent
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Dippin' Dots patent Held Unenforcable
2007-02-28 17:15:02
The Court of Appeals for the Federal Circuit ruled Friday in Dippin? Dots , Inc v. Mosey that the Dippin' Dots patent number 5,126,156 is unenforceable. The Federal Circuit based its ruling on the fact that Dippin? Dots made sales of its product more than one year prior to filing its patent application and failed to disclose this information to the United States Patent and Trademark Office. This
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Iowa Volunteer Lawyers for the Arts Project
2007-02-28 17:15:02
Matt Krigbaum of the Moyer & Bergman law firm in Cedar Rapids has been working tirelessly for the last two years to get Iowa ?s Volunteer Lawyer s for the Arts (IVLA) project up and running. The IVLA is similar to volunteer lawyers for the arts projects such as those located in New York, California, Texas and many other states. I would encourage all Iowa attorneys with an interest in the arts
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Where's the Patent Lawyer?
2007-02-28 17:15:02
Tino Buntic has come up with the blogging equivalent of sliced bread: 2000 Bloggers Like all great ideas, 2000 bloggers is as simple as it is powerful. Tino lists pictures of 2000 bloggers selected by nothing other than their attention to the blogosphere and responsivness to his offer of help. What you end up with is captains of industry hobnobbing with students, hippies rubbing shoulders with
More About: Lawyer , Here , Patent , Where , Tent

Collective Trademarks
2007-02-28 17:15:02
What is a ?collective? trademark? A collective mark is a trademark used by the members of a group to indicate association with that group. Popular collective trademarks include American Bar Association, Realtor Associate, Rotary International, American Institute of Certified Public Accountants, as well as the names of various fraternities and sororities. A collective trademark, may also indicate
More About: Trade , Demark , Mark , Trademark , Marks

Apple Out of the Frying Pan
2007-02-28 17:15:02
Apple and Cisco have dropped their hotly contested lawsuits over the iPhone trademark. The companies have agreed that they both can use the iPhone trademark anywhere in the world. The companies have also agreed to investigate "opportunities for interoperability in the areas of security, and consumer and enterprise communications." I am not privy to the exact terms of the agreement. Were I to
More About: Apple

Microsoft Hit With Largest Patent Jury Award in US History
2007-02-28 17:15:02
Thursday, a jury in a Federal San Diego courtroom found Microsoft liable for infringing Alcatel-Lucent patented audio technology to the tune of $1.52 billion. Had the judge found Microsoft's infringement to be willful, United States patent law would have allowed the judge to triple the damage award. Microsoft appeared surprised at the verdict, especially after having licensed the infringing
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