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
Really Judge Murphy. Really !?!
Massachusetts Superior Court Judge Ernest Murphy won a $2 million libel verdict against the Boston Herald after the Herald incorrectly reported that he had said that a 14 year old female rape victim should "get over it." Fair enough, but that was not the end of the story. The Herald appealed (ultimately losing), but during the appeal Judge Murphy sent two letters to Patrick J. Purcell, owner and publisher of the Herald, which led to today's SJC decision publically reprimanding Judge Murphy for...
The Ten Weirdest Cases of 2008
Courtesy of the London Times online. Here is number 1, which I assume even under the English version of "top ten" lists is the "winner." - What’s in a name? A nine-year-old girl involved in a custody hearing in New Zealand drew international attention for her name: “Talula Does The Hula From Hawaii”. The judge decided that the name was a form of abuse and ordered the girl placed under the guardianship of the court. The judge noted that it was part of a wider phenomenon; other eccentric names...
Sarah Richmond's Advice to Start-Up Companies
My partner Sarah Richmond has published an article in the December 12, 2008 issue of Mass High Tech titled Startup Founders: Success Requires Risk and Sacrifice - In this time of economic uncertainty, what can a founder of a startup do to increase his chances of attracting an outside investment and maximize the likelihood of his ultimate financial success? The answer may be counterintuitive: founders should not try to “hedge” their commitment to their new business in an effort to minimize...
Illinois Governor Rod Blagojevich Forgot This Important Rule of Discretion
"Never write if you can speak; never speak if you can whisper; never whisper if you can nod; and never nod if you can wink." Martin Lomasney (1859-1933) Massachusetts State Senator, State Representative, Alderman and Ward Boss of Boston's Ward Eight.
Decision Denying Dismissal in Jones Day v. Blockshopper
Here is a link to the decision of federal district court judge John W. Darrah (N.D. Ill.), denying the defendants motion to dismiss in the trademark suit brought by the Jones Day law firm against the web site Blockshopper.com, which reports on upscale residential real estate transactions in Chicago and other cities. I wrote about this case in some detail here. Jones Day's assertion that a post on the site describing real estate purchases by two Jones Day attorneys could create confusion (and...
Cyberbullying, Website Terms of Use and the CFAA: the Lori Drew Case
Suffice it to say, very few people realize that violating the "terms of use" (aka the small print that no one reads) on a web site may constitute violation of a federal law that has both criminal and civil penalties. Yet, this was the basis for the prosecution of Lori Drew, the woman who allegedly created a MySpace account under the name of "Josh Evans." Using this account, Drew developed an online relationship with Megan Meier, a 13-year-old girl. "Josh Evans" said hurtful things to...
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