About
The Common Scold



The Common Scold is named after a cause of action that originated in Pilgrim days, when meddlesome, argumentative, opinionated women who displeased the Puritan elders were punished by a brisk dunk in the local pond. Believe it or not, the tort lasted until 1972, when State v. Palendrano, 120 N.J. Super. 336, 293 A.2d 747 (N.J.Super.L., Jul 13, 1972) pretty much put it to rest. But the thought of those feisty women, not afraid of a little cold water, has always cheered me up and inspired me. I first used the moniker as the name of my humor column at the University of San Francisco School of Law many moons ago, and revive it now for this blawg!


IP Counsel: Social Media Perils & Promises

Sistek_johanna128Sf2011_social_media_symposium128 If one message came out loud and clear at ALM's fourth "Social Media: Risks & Rewards" conference, it's that for corporations trying to tame social media, time is measured in dog years. Social media has been changing so fast, and its ramifications are so profound, that corporate counsel are scrambling to try to figure out how to leash the risks and sprint with the opportunities. Tactics that were standard operating procedure in the past — such as sending cease and desist letters for violations of trademarks and copyrights — not only no longer work but can backfire so severely that they can signficantly damage corp  orate reputations.

Four lawyers from high-profile companies discussed these dilemmas in a fast-paced panel on April 12, "Protection and Promotion: Your Corporate Identity in the Virtual World:" Todd Adler (middle), senior corporate counsel of Oracle; Johanna Sistek (right), trademark counsel of Google; Alexandra Sepulveda (far left), trademark and copyright counsel at General Mills; and moderator Jennifer Arkowitz, an associate at Kilpatrick Townsend & Stockton.

In many cases, said the lawyers, the best tactic to protect corporate brands is to do nothing, or take a very low-keyed approach -- especially when an infringement is generated by an über-fan of the company.

Read more here.

Photos: Russ Curtis

April 26, 2011 in Conventions, Meetings, Live Programs, Corporate Counsel, Social Networking | Permalink | Comments (1) | TrackBack

 
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