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
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...
Webcasts of SJC Oral Arguments
The Supreme Judicial Court and Suffolk University Law School are webcasting oral arguments, both live and archived. Link to the Massachusetts Supreme Judicial Court Oral Arguments Site here.
Allan Van Gestel to Retire From Business Litigation Session?
Business Litigation Session. Judge Allan Van Gestel has been the presiding judge in the Suffolk Superior Court Business Litigation Session (the BLS), since its inception in October 2000. The session has been an unqualified success, and is closely associated with Judge Van Gestel, who has brought expertise and integrity to the session. However, Massachusetts has a mandatory retirement age of 70, and Judge Van Gestel turns 70 in December. For an article discussing the history of the session and...
Justice Department Files Antitrust Suit Against National Association of Realtors
Antitrust. Here is a link to the Complaint in this long-anticipated lawsuit. A link to the DOJ's press release, announcing the suit, is here. In a nutshell, the suit alleges that the NAR has blocked competition by allowing real estate agents to withhold listings from brokers who utilize the Internet. The DOJ and the NAR have been attempting for months to negotiate a settlement to the issues raised by this suit, and apparently the NAR made a last gasp attempt last Thursday, when it announced a...