By Eric Goldman Sorry for the light blogging–between my travel/presentation schedule and the Jewish holidays, it has been hectic! Jacob Jacoby is a leading trademark survey expert/consultant–I imagine he’s been an expert in over 150 trademark cases. He recently posted…

By Mark McKenna Over at his interesting blog (which Mark Schultz plugged a little while back), Grant McCracken has a post discussing modern marketing practices in terms of their “roundness” or “sharpness.” He suggests that all marketing used to be…

By Eric Goldman Peter Menell has posted his article “Regulating ‘Spyware': The Limitations of State ‘Laboratories’ and the Case for Federal Preemption of State Unfair Competition Laws” to SSRN. This article thoroughly examines state-level unfair competition laws and how they…

Recent legislative activity in the US Senate has brought some press attention to the touchy issue of DNA collection by law enforcement. Similar proposed and passed DNA legislation at the state and federal levels over the last several years has also drawn court challenges. As a result, a fair number of court opinions on the suject exist, enough to allow a quick look at the legal countours and legislative status of DNA collection laws.

By Eric Goldman 1-800 Contacts has appealed the 2nd Circuit decision in the WhenU case to the US Supreme Court. A copy of the petition (warning–5+ MB PDF file). As the brief states, the question presented is: “Does ‘use’ of…

Mark Schultz Not getting what you want as a consumer is bad news (of course, sometimes you get what you need), but failing to supply what consumers really want is a big mistake for marketers. Sometimes it’s hard to figure…

By Eric Goldman Yesterday at a CLE conference in Minnesota, I spoke on a panel about IP blogging with Marty Schwimmer and John Welch. Collectively, we combined our blogrolls to create a master list of the blogs that the three…

By Eric Goldman I know that aggressive marketers develop what’s commonly referred to as “spam pages”–low-value-added web pages that are intended to be indexed by the search engines and receive a low amount of traffic. Even with a low amount…

By Mark McKenna If I told you that a famous professor from a well-known law school was arguing on his/her blog that law schools should consider discounting their tuition by 1% for each year a graduate stayed in the work…

Mark Schultz After a busy summer finishing a paper on copyright and social norms (thanks to Eric for the plug!) and dodging angry deer on SIU’s campus, I’ve returned for more guest blogging. Sooner or later, a blog on marketing…