Blog

PILLOW FIGHT!

How I Taught a Harvard Boy A Lesson About Trademarks It was a Tuesday night. I was surfing Twitter one evening in February when I ran across a story about David Hogg’s new scheme. He’s the Parkland High School student who turned anti-gun activist after his school was attacked and many of his classmates murdered. Doubts have been raised about his truthfulness about his presence and exploitation of the evil act and its tragic result, and I don’t have anything to add to the accusations that he Hogged the limelight for personal gain. It did work out well, because  [...]

THE JOURNALIST’S GUIDE TO GUNS

(How Not to Look Like an Idiot When Writing About Guns) Journalists. Bless their hearts. As a rule of thumb, any time we read a news story about a subject or incident we already know a lot about, it turns out that about 25% of what’s reported is simply wrong. This is why knowledgeable gun owners distrust many news stories involving guns: because too many “journalists” display an ignorance of firearms that would be laughable if it weren’t so appalling. If they can’t get their facts straight about gun technology and the facts about shooting, then we don’t  [...]

UNPRECEDENTED UNCERTAINTY

Most of the advice I give seems to revolve around helping my clients manage uncertainty. When things are certain, you probably don’t need anyone’s advice. Now, after many months not talking about the political scene in our nation, there’s a new world to discuss. But my advice remains the same: don’t trust anyone who is certain of anything. Not even me. What makes these uncertain times even more alarming is that the circumstances are unprecedented. And the unprecedented factors are piling up. Fast. WHICH Amendment? I’m even more worried about the first  [...]

How to Be a Smart Patent Investor

The True Cost of Patent Protection, and an Ideal Tool to Make Smarter Patent Decisions Your favorite patent attorney would love to write about all the news of the season, but by the time this old-fashioned printed news reaches you, it would be laughably out of date. My quick summary is that about 5-10% of my top client contacts (owner, CEO) have contracted and recovered from COVID in the past few months, and most of my clients report a number of their own employees have been out with it, all recovering. It’s going around middle America, and I suspect it will burn  [...]

HOW TO KILL A BAD PATENT BEFORE IT KILLS YOU

As I’ve written before, sometimes the Patent Office grants a patent that simply shouldn’t have been granted. (Even government employees make a mistake now and then, after all). The important question is what do you do when you’re accused of infringing a patent you think should never have been granted? One famous but harmless example of a bad patent was the “Method of Swinging” involving pulling on the swing set ropes alternately to swing side to side, like every child has done. Oops! Fortunately, no playground moppets received cease-and-desist letters. The  [...]

WHEN TRADEMARK ATTORNEYS GO OVERBOARD

BRANDING STRATEGY FOR MY NEW PRODUCT Just a mock-up, but getting real. Finally, I can now reveal how a trademark attorney picks brands, and even goes a bit overboard to maximize the potential value of the venture.  It’s all about my hex key tool invention concept I wrote about in August. To recap, I used to get irritated with needing two Allen wrench sets and never knowing whether a socket head screw was metric or standard.  Even with both sets in hand, I not only had to test each set to find the biggest tool that fit, but then had to assess which best fit  [...]