IP Lawyers: May I have your advice?

IP Lawyers: May I have your advice? Topic: Business case strategy book
July 19, 2019 / By Jamesina
Question: My husband is accepted to law school. What is IP law like during law school and then, more importantly, what will his career be like? Where are the big areas where an IP lawyer could get a job? Any details or advice you offer will be appreciated. Thank you in advance. My husband has a PhD in Chemistry.
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Best Answers: IP Lawyers: May I have your advice?

Eowyn Eowyn | 3 days ago
Intellectual property (IP) is a legal concept which refers to creations of the mind for which exclusive rights are recognized.[1] Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property rights include copyright, trademarks, patents, industrial design rights and in some jurisdictions trade secrets. Intellectual property law ("IP") consists of 3 main branches - copyright, trademark, and patent law. Copyright law deals with protecting written work (books), recordings (songs), and visual arts (paintings, etc.). It can also be used to protect software code, but now this is generally covered under patent law, which offers more stringent protection. Patent law covers inventions and recently has been expanded to protect business ideas, such as Amazon's 1 click shopping (as a controversial example of a business patent that has been approved). Trademark law protects brands and logos, examples would include the brand name NIKE and the Nike Swoosh logo. IP law is a booming field, as the information technology age has continually expanded the need for, scope of, and value of intellectual property. While Silicon Valley, where I practiced, is the hub of IP law, other IP centers include Boston, Austin, San Diego, and New York. (For those who do not know, Silicon Valley is about 1 hour south of San Francisco. Palo Alto, where Stanford is located, is the heart of it). I practiced law with Wilson Sonsini Goodrich & Rosati, the largest law firm in Silicon Valley. I did both trademark prosecution and litigation. Prosecution is where you actually work with clients on developing brands, providing risk analysis and strategies to mitigate risk, and then file and oversee the application process with the US Patent and Trademark Office. Trademark litigation is when two companies are suing each other over who has superior rights to a trademark or examine whether any defenses are available to the infringing party. Both prosecution and litigation have their own pros and cons. Prosecution is enjoyable because you get to brainstorm with your clients during the initial phase of trademark development and clearance, but the filing of the marks is pretty mechanical and generally done by paralegals. Trademark litigation can be exciting as you prepare briefs and argue your case in front of the judge (as you get more senior, most of your first two years you watch the senior partner present the case while you do the legwork and brief writing). However, litigation involves large amounts of stress and a high workload (working through the night on occasion) as case deadlines approach. Patent law is also divided up into prosecution (getting the patent filed and approved) and litigation. To practice patent prosecution one must have a scientific background (such as engineering or chemistry) and pass the patent bar, a smaller version of the bar on US Patent law procedures. Patent prosecution lawyers are very in demand because few attorneys have the scientific background to practice patent law. Patent litigation does not require that one have a scientific background, but it certainly helps. Copyright attorneys generally focus upon copyright litigation, as copyright prosecution is very easy and always done by paralegals. IP licensing, that is working with companies such as Intel, and licensing their technology or trademarks, is also a very large field in addition to prosecution and litigation. I highly recommend IP law to all, for I feel it is the most exciting field of law out there at present as we continue to live in a world dominated by technology. Law schools that excel at IP law are first and foremost, Berkeley's Boalt Hall, secondly Stanford, and then there is a big drop, but other strong IP law schools include George Washington, Columbia, NYU, and Franklin Pierce. IP law is at a crossroads at present, for while it is a means to protect intellectual property, the reason for its creation was to spur new technology by offering authors a means to protect and profit from their creations. Ironically, IP law may now be so stringent that it is hindering more than helping spur new innovations. The following article, written by yours truly, explores how trademark law needs to be reformed to again incentivize innovation. http://www.registeringatrademark.com/re ... -law.shtml Another article I wrote conveys the basics of trademark law (actually quite fascinating and intuitively easy to understand) by explaining how to create a protectable trademark: http://www.registeringatrademark.com/pr ... mark.shtml Even for those who do not anticipate practicing IP law, I recommend that you take an Intro to IP course for you will likely find it quite fascinating.
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Eowyn Originally Answered: Any lawyers on here? I could use some legal advice?
You have some good arguments in your favor, but you also face several hurdles in getting your dog back. The arguments in your favor are as follows: You paid for the dog. The breeder knows that you paid for the dog and hopefully is in a position to say that he recalls you coming in and buying the dog. BUT, did your ex go with you to buy the dog? Were arrangements made to buy the dog before you started dating or after? (I know that many times arrangements are made when the dog is a new born, but can't be separated from its mother til later.) On problem you have is that you registered the dog (with AKC?) in both of your names. The problem with this is not so much the ability to prove that the dog is your "property", but rather the issue that arises is whether you intended to make this dog a gift to her. I suspect that she would argue that even if the dog was purchased by you and at that time was your property, thus giving her no rights in the dog, at all, by registering the dog in both of your names, especially if this ocurred near her birthday, or some other significant day, then she will argue that this registration shows an intent on your part to give her either the dog or an equal ownership interest in the dog. The problem comes not so much that the dog was originally your property as it was bought by you, but your actions (the registering in both names) may signify to the Court that at the time you registered the dog your intent was to share ownership. You, of course will deny this and she will claim that your intent was to give her the dog. Arguments on your side that should be made would be to consider the cost of the dog as compared the the length of time you were dating at the time you registered the dog. This is really not the best argument to make, unless the dog was outrageously expensive and you were dating for an incredibly short period of time. I am sorry to say, but unless she is honest about the dog not being a gift to her, your looking at a King Solomon type decision. He won't order the dog cut in two, but the Court would probably allow one of you to buy out the other's interest or direct that the dog be sold to a third person and the proceeds split. Remember that the law considers the dog to be property, and does not consider your emotional attachment. (It may consider special talents of the dog, such as a show dog or service, ie: seeing eye, dog.) The likelihood of the dog being given outright to one of you is not great. Other things that can swing the law in your favor are other people who can testify about what your intentions were, what she really expected, etc. In this regard, your friends and her friends can come in and testify as to what you or she may have said to them. On this idea, did she have any friends within whom she is no longer friendly with? They might be in a position to help you. Finally, you are correct in one of your earlier postings that this is not a small claims matter. You must file this type of claim in a Court with equity jurisdiction. This gives the Court the power to determine what to do with the dog. On a personal note, and being a dog owner, please take a step back from your total hatred of your ex. Think about the dog for a moment. (I am not suggesting that the dog is better off with your ex.) What you should think about is the fact that the Court may direct that the dog be sold to a third person. Is your dog better off with a third person? Is there a third person out there, with no connection to you, who will buy this dog? If so, would that person sell the dog back to you? Are you in a position to pay for the dog again? Please note that I am an attorney. Although I don't practice in Kansas or Missouri (I think those are the states you mentioned), the law's treatment of pets as mere chattel or property is fairly well settled. Good luck to you and good luck to your dog!
Eowyn Originally Answered: Any lawyers on here? I could use some legal advice?
Gotta 'nother bit of info for you: Go to the part where it talks about going through a divorce. It will at least give you info on what to do when the dog is finally given back, and hopefully he will be. Also, I hope you sent this letter certified. That way she can't say that she never got it. Why can't you go to small claims again? I had to go to small claims to get my cat back from my ex. Stupid, I know, but I still have her to this day and it's been 5 years. She's my bay-bee. Good luck -- I hope you can get yourself in touch with a lawyer soon. The longer you wait, the better the chance that the dog won't remember you. :(
Eowyn Originally Answered: Any lawyers on here? I could use some legal advice?
Generally, when speaking to the lawyer, it's best to speak honestly about when has occurred. All communications between a client and a lawyer are protected by client/lawyer confidentiality. That being said, admitting to a crime is completely different, and your lawyer could legally divulge that information to the police or prosecutor... however it's a very sticky situation.

Cinderella Cinderella
you desire a one-time consultation with a actual legal expert, no longer us bozos. My desirable wager is that the copyright holder can no longer pass after all and sundry who stole the action picture, which includes your dad, whose account it became once you stole it. yet they might desire to safeguard their copyright or they forfeit the final to accomplish that interior the destiny. yet nonetheless, i think of a telephone call to a legal expert is so as--and additionally you ought to be offering to pay any cost the legal expert expenses.
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Cinderella Originally Answered: Any advice for an aspiring law student? (Lawyers only)?
If your asking yahoo questions for advice thats a problum. You need to do more study, go and observe the court system make friends with lawers, talk to them study court cases, ambition is what you need and a clear view of your goals. Waiting for someone to guide you and tell you what to do is not the way to become successfull. If you not willing persue your ambitions to the best of your ability and then push past that you will spend the rest of your stuck and saying "what I really wanted to do was study Law". And your question (lawers only)makes you sound pretentious, not a good start. Why the hell would they want to talk to you, you dont even know what your doing or how to go about achiving your ambition. Rule one dont waste peoples time with your daydreaming. Id respect you more if you you took the initiative and found your own damed book.
Cinderella Originally Answered: Any advice for an aspiring law student? (Lawyers only)?
Being ignorant as you say you are, then you might be looking at the right profession. Judge Sarducci gave this advice.

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