Jonathan Pink — Entertainment, Internet and New Media Partner at Lewis Brisbois, LLP Rotating Header Image

Posts from ‘October, 2008’

Same Bat Channel . . . Same Bat Time

Ok, so it’s not the same “bat channel,” but it is a similar blog.  Here’s the scoop, I had parked this blog at Jonathan Pink’s Intellectual Property Report, but now I’ve moved it riiiight here.  The fact is that it remains to be seen whether Wordpress is going to be superior to Blogger, but I [...]

Cal Alum Interviewed by Stanford University

Who says the two schools can’t get along?
http://fairuse.stanford.edu/blog/2008/04/follow-up-questions-on-state-u.html

Upcoming Presentations

For any stalkers out there hell bent on tracking my movements, I will speak on “Blogging: Benefits, Barriers and Bombshells” at the California State Bar’s 33rd Annual Intellectual Property Institute on November 7, 2008.
Also, I will be honored to sit along side Professor Eric Goldman at the State Bar-sponsored conference, “IP and the Internet” (December [...]

Blogging: Benefits, Barriers and Bombshells

Blogging: Benefits & Barriers
“I’m going to start a blog,” said a friend. When I asked why, her answer was simple: “I have a lot of things to get off my chest.”
Seems a lot of people do. According to blog search engine, Technorati, there were nearly 113 million blogs as of June 2008. And according to [...]

Something to Sing About?

Imagine receiving licensing payments for your interest in a copyrighted musical work. Imagine that those payments are substantial. I’m talking hundreds of thousands, or even millions of dollars a year. Not bad, you say. Now imagine that, although you’ve been collecting these royalties for years and years, you don’t actually have a defensible claim to [...]

Copyright Quake Hits California

The United States District Court for the Southern District of California ruled on February 5, 2008 that the Copyright Remedy Clarification Act (“CRCA”) “is not a valid exercise of Congress’s power under Section 5 of the Fourteenth Amendment”, thereby holding that a State, employee of a State (acting within his or her official capacity) or [...]

Who Wants to be an IP Attorney?

So, I’m in my office yesterday when the telephone rings. A frantic voice on the other end is desperate to find out how she can patent the copyright in her trademark.
I hang up on her.
Now, while I realize that a client’s inability to draw fine distinctions between sometimes overlapping areas of intellectual property law is [...]

Considering a Recovery of Attorneys’ Fees

When Considering a Recovery of Attorneys’ Fees, The Contract Language Tells All
Your So Called Life
Your client has been sued for more money than you’ll earn in thirty years of practice. After you recover from your depression over this simple fact, you pour three years of your life into defending the case-from-hell. You work hard. You [...]

Making the Best of a Best Efforts Clause

Divining the Meaning of “Best Efforts”
A “best efforts” clause must be one of the most misunderstood provisions to consistently worm its way into an agreement. To put such a claim to the empirical test, take a moment to define for yourself what is required by a party who promises to use best efforts to fulfill [...]

Flooding the Engine: Where Search Engine Optimization Crosses the Line Into Illegality

Building a successful business has never been more complicated. Customers must be able to locate you using any major internet search engine. Because 90 percent of search users never go beyond the second page of results, unless your website appears near the top, you might as well go fishing.
Increasing your search engine ranking, or “search [...]