Archive for the ‘Business of TMs’ Category

The In-House “Discount” Mentality

Friday, April 5th, 2013

In an article from today’s Corporate Counsel web site, Catherine Dunn asks, “Can Outside Firms Get Over the Discount Mentality?”

Susan Hackett, the CEO and CLO of Legal Executive Leadership, summarizes the conclusion of the article:

The article concludes:

So the real trick for a firm isn’t offering discounts on rates, but hitting the reset button: Figuring out what its distinguishing values are, what it does best, and what it can do profitably. “Too many law firms expanded into areas of practice because there were gluts of work in those areas of practice”—like financial services or environmental law—”even if they weren’t necessarily the best provider.”

Lombard & Geliebter has adopted this philosophy since its formation.  We are a boutique firm that focuses on our core competencies, namely, intellectual property.  Additionally, we leverage the latest technology to reduce costs and expenses  for us and our clients. By doing so, we can reduce the time spent on client matters and the time spent on administrative tasks.  Similarly, we encourage our clients to accept most documents digitally.  This reduces the costs associated with copying and printing large documents and reduces client’s expenses for postage.  It is also an environmentally sound practice.  Indeed, some our our clients save thousands of dollars per year by foregoing receipt of non-essential documents by mail.

Lombard & Geliebter prides itself on working with clients to achieve their goals – whether those goals relate to their IP portfolios  or trying to reduce their outside legal costs.

We agree with Ms. Dunn:  The question corporate clients should ask is not “How much of a discount am I getting?”  Rather, the question should be: “Am I getting an excellent value for my money?”

Lombard & Geliebter offers its clients an excellent value for the money.

If you have any questions, you may contact us here.

Pharma Industry Challenges Drug Take-Back Law

Monday, December 17th, 2012

The pharmaceutical industry – represented by the Pharmaceutical Research and Manufacturers of America, (“PhRMA”), the Generic Pharmaceutical Association and the Biotechnology Industry Organization - is challenging an Alameda County, California ordinance that requires the pharma industry to  be  responsible for running — and paying for — a program that would allow consumers to turn in unused medicines for proper disposal.   Drug companies have to submit plans for accomplishing it by July 1, 2013.  The pharma industry filed its lawsuit on December 7, 2012.

Such take-back programs exist; however, most existing programs are run and paid for by local or other government agencies.

Supporters of the ordinance argue that the industry that profits from the sales of these products should have the financial responsibility for proper management and disposal.  In other words, this law does not really enact new programs.  Rather, it shifts the burden of these programs from taxpayers to the pharmaceutical companies.

The pharma industry counters that the law is unconstitutional.   PhRMA’s general counsel, James Spears, asserts, ““They are telling a company in New Jersey that you have to come in and design and implement and pay for a municipal service in California.  This program is one where the cost is shifted to companies and individuals who are not located in Alameda County and who won’t be served by it.”

Mr. Spears said it would be best left to sanitation departments and law enforcement agencies, which must be involved if narcotics, like pain pills, were to be transported.

Alameda’s ordinance is based in part on on the system in British Columbia and two other Canadian provinces.

This should be an interesting case to watch.  On balance, we suspect the ordinance will ultimately be upheld.  From our perspective, there is really nothing unconstitutional about the law.   If a company based in New Jersey can sell its products in Alameda county there is really no hardship is operated a disposal program there.

The original complaint may be found here.

Apple Pays $21 Million for Digital Clock

Wednesday, November 14th, 2012

Apple, Inc. has reportedly paid Swiss rail operator, SBB, $21 million for use of the Swiss transportation company’s clock design.

 As much as I like my Apple products, for a company that prides itself on design coupled with function, it seems to me the Apple could have developed its own clock design.  But, Apple usually gets what it wants – even if it costs $21 million.

Mathew Lombard Publishes Article on Biotech Start-Up

Tuesday, November 6th, 2012

Lombard & Geliebter partner, Mathew Lombard, has published an article about the importance of trademarks at the Biotech Start-up Blog. You may access the article here.

Congratulations to Mathew. We look forward to seeing future articles.

Neil Young Changes Gears

Saturday, April 21st, 2012

Neil Young – of solo music career fame and on-again, off-again member of Crosby, Stills, Nash [& Young], is apparently trying to enter the digital music format field.

According to the article, Young is seeking to obtain a trademark registration of SQS for a digital music format (to compete with MP3, etc. formats).  It seems that SQS is an acronym for “studio quality sound”.

Interesting.

Google Finally Gets GMAIL in Germany

Wednesday, April 18th, 2012

After years of battling ending in 2007, Google has secured the rights to its ubiquitous GMAIL mark in Germany.  After losing its appeal of OHIM’s rejection of GMAIL in 2007 based on Daniel Giersch’s prior registration and use of G-MAIL for similar services, Google settled its dispute with Mr. Giersch last week.  Before now, users in Germany had to log in to googlemail.com (rather than gmail.com).

Neither party has indicated whether there was a cash payment for the name.

It’s been a long battle for Google; however, we are happy that Google has secured its anchor mark in Germany.

NEXTBOOK: A Client Victory

Friday, April 13th, 2012

On January 12, 2012, our client Cambrige Overseas Development, through its licensee, received a cease and desist letter demanding that it cease all future use of its NEXTBOOK mark for a computer tablet based on the would-be Plaintiff’s ___BOOK mark1, which it uses for digital publications and digital publishing services.

The letter asserted that the would-be Plaintiff had received calls from consumers concerning our client’s product.  The cease and desist letter concluded with:

Although __book is fully prepared to enforce its rights through litigation and to seek monetary damages against you if necessary, it would prefer to resolve this matter amicably so long as you immediately comply with this request. Please be advised that your infringement and dilution of ___book’s mark is in violation of federal and state law and exposes you and your company to substantial liability, including possibly treble damages, attorneys’ fees and costs, injunctive prohibitions, and a Court Order impounding your property.

Our client had been using its mark in the United States since 2009.

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Gucci v. Guess

Saturday, February 18th, 2012

Thanks to the Trademarks + Brands blog, this article about Gucci’s lawsuit against Guess.

What is the Cost to Bring One New Drug to Market?

Thursday, February 16th, 2012

Forbes.com looks at this question here.

Apple Sued Over iBooks Mark

Thursday, June 16th, 2011

A week after Apple was sued by iCloud Communications for the name of its upcoming cloud service, iCloud, NYC publisher John T. Colby is claiming that he has used the name long before Apple popularized the it.  In fact, he has sued Apple over the name.

According to Bloomberg:

Colby bought in 2006 and 2007 the assets of various entities owned by New York publisher Byron Preiss, who had published more than 1,000 hardcover and paperback books under the “ibooks” name starting in September 1999, according to the lawsuit, which was filed in U.S. District Court in Manhattan today.

Not surprisingly, no comment from Apple.