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
Business Litigation Session Conference
The Massachusetts Bar Association held an outstanding conference on the BLS in Boston on September 29, 2005. Several interesting documents distributed at the conference are linked below. Here are a few observations on the conference. First, the question foremost on everyone's mind is whether Judge Allan Van Gestel will be "recalled" once he reaches the mandatory retirement age of 70 in December. In the eyes of most business lawyers in Massachusetts Judge Van Gestel is synonymous with the BLS....
Submarines Sunk, Again
Is this the end of an era in patent law? Or just the dropping of the other shoe? Last week in Symbol Technologies, Inc. v. Lemelson Medical, Education and Research Foundation, LP, the Court of Appeals for the Federal Circuit (practically the court of last resort in patent matters, since the Supreme Court rarely takes a patent case) ruled that a number of machine vision patents of inventor Jerome Lemelson were unenforceable due to the patentee's "unreasonable delay" in prosecuting the...
Google Takes One From Mister Softie
"The thing to fear is not the law, but the judge" Russian Proverb Non Compete Agreements. The need to "spin" a litigation outcome to try to persuade the public that you won appears irresistible to large corporations. However, it's hard to keep a straight face reading Microsoft's pronouncements about the Seattle state court's September 13th decision in Microsoft's suit against Google and Dr. Kai-Fu Lee, until recently "the face of Microsoft in China." Believe me, when your former employee is...
Rev. Jerry Falwell Loses FALLWELL.COM Domain Name Dispute, but Bill Cosby Prevails in Dispute over FATALBERT.ORG
Trademarks/Domain Names. Why did Jerry Falwell lose and Bill Cosby win? Bill Cosby prevailed this week in a domain name dispute involving FATALBERT.ORG (William H. Cosby, Jr. v. Sterling Davenport). This dispute was resolved in an ICANN arbitration, which requires that the complainant prove both that the domain name was registered and used in bad faith in order to succeed. The arbitrator found that Mr. Davenport had no legitimate interest in the domain name, that he had registered it solely...
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