Okay, this technically does not have much to do with the law. But if you stop and think for a minute, this type of information illustrates the ever increasing prevalence of social media use in our lives. Given these statistics, it is hardly surprising to see social media appear in nearly all facets of life, including the law. So here you go. 20 interesting facts about Twitter. That’s right. An entire infographic dedicated to amazing Twitter stats.
This will be a short post because I am in the middle of several patent infringement cases (some of which involve aspects of social media–yay!). I was recently given an AV Preeminent Rating by Martindale. For those who are not familiar with the awards and rankings, here is a quick explanation:
Martindale-Hubbell® Peer Review Ratings™ reflect a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating. A threshold number of responses is required to achieve a rating. The General Ethical Standards rating denotes adherence to professional standards of conduct and ethics, reliability, diligence and other criteria relevant to the discharge of professional responsibilities. Those lawyers who meet the “Very High” criteria of General Ethical Standards can proceed to the next step in the ratings process – Legal Ability.
The proliferation of social media has resulted in a similar (although not nearly as vast) proliferation of trademark infringement and trademark infringement lawsuits. And while parties may bring claims for “common law” trademark infringement or trademark infringement under state law, the vast–almost exclusive–basis for a standard infringement suit is federal law.
But, as lawyers, what do we do with all those Lanham Act statutes? There are a whole bunch of trademark sections to deal with after all. (Okay, fine, it really isn’t that difficult but, apparently, confusion does arise.) Seriously. You have 15 U.S.C. §§ 1114, 1115, 1117, 1125, and more!
Well, a florida federal district court recently gave the parties a remedial lesson in trademark statutory law:
The Court notes that Roca Labs erroneously cites to 15 U.S.C. § 1117 as the statute supporting its claim for trademark infringement. However, section 1117 enumerates remedies available to plaintiffs who prevail under other sections of the Lanham Act; section 1117 alone does not provide a cause of action. Because Boogie Media does not challenge Roca Labs’ erroneous use of this section, and because Roca Labs states elsewhere in the Amended Complaint that it seeks relief for trademark infringement under section 1114, the Court construes Count I as a claim under 15 U.S.C. § 1114(1).
Roca Labs, Inc. v. Boogie Media, LLC, 2013 WL 2025806, at *8 n.2 (M.D.Fla. May 14, 2013). Don’t ask me why I changed all the hyperlinks from Westlaw to Cornell’s awesome Legal Information Institute when my citation to the case is still a Westlaw citation. But hey, at least you have easy access to the relevant statutes. I’m sure the parties in this matter wish they did.
I just got a 5-star review from Arthur on Avvo http://t.co/eajaZmGYQm
— Tyson Snow (@tysonESQ) May 31, 2013
- I recommend Tyson Snow.
- I hired Tyson 1-6 months ago.
- Tyson handled my Trademark Infringement matter.
- I have previously worked with 3-5 lawyers.
Tyson is extremely knowledgeable and strategically aggressive. After a 5 year trademark nightmare using my last attorney, Tyson took over and was able to avoid trial and force a good settlement within 6 months on the case. Thank you Tyson.
Thank you for the kind words Arthur! It is always good to be appreciated! This is a great example of how social media reviews can establish your name recognition, your prominence, and your areas of expertise.