Who are you going to call if you have a question about whether your conduct as a patent or trademark attorney is ethical? Many state bars offer “ethics hotlines” to aid their members in their understanding of, and compliance with, their obligations under applicable rules of professional conduct. Although the USPTO does not advertise a […]
“A man’s got to know his limitations” – Clint Eastwood, Magnum Force (1973) The USPTO’s Office of Enrollment and Discipline has become increasingly active in the last several years, particularly in investigating business or general practice attorneys who dabble in trademark law. Many have learned the hard way–through an ethics inquiry and possible disciplinary decisions–regarding
On Monday, June 1, 2020, I will be moderating an ethics webinar panel discussion on behalf of the ABA’s Intellectual Property Law Section (for which I serve as Chair of the Ethics and Professional Responsibility Committee). The webinar is entitled “A Look at the USPTO’s Focus on Declarations” and will focus on ethics issues relating
New IP Ethics CLE: A Look at the USPTO’s Focus on Declarations Read More »
A former female colleague asked me once why nearly all of my clients are men. Frankly, I had never given the matter any thought. It took me awhile even to accept my colleague’s conclusion that nearly all of my clients were, in fact, of the male variety. So I pulled out my list of clients
Is Mommy More Ethical Than Daddy? Read More »
The three-year ethics saga between Matthew Swyers, owner of The Trademark Company, and the USPTO’s Office of Enrollment and Discipline (OED), ended with a whisper, with Mr. Swyers agreeing to resign from practicing before the USPTO. By entering into what is called an “exclusion on consent” agreement, Mr. Swyers voluntarily gives up the ability to provide U.S. trademark-related legal services for a minimum of five (5) years.
Epic Ethics Legal Battle By Trademark Company Owner Ends Quietly With Resignation Read More »
Many IP lawyers engage other lawyers or nonlawyers as independent contractors, directly or through intermediaries, to provide various legal and nonlegal support services. The outsourcing market, often referred to as the “legal process outsourcing” market or “professional employer organization” market, is a multi-billion dollar industry. While there is nothing per se unethical about a lawyer outsourcing
Get Out Of Town: The Ethical Perils Of Outsourcing IP Services Read More »
“True wisdom is knowing what you don’t know.” — Confucius One of my former partners, a brilliant patent lawyer who was (and is) widely respected in the patent bar, used his desktop computer for one purpose and one purpose only—as a convenient surface on which to attach yellow sticky post-it notes to himself. To my
What They Didn’t Teach In Law School: The Ethical Duty Of “Technical Competence” Read More »
By all accounts, Jeremy Blackowicz is a fine trademark attorney with a long and bright future ahead. According to a recent version of his law firm’s website, Mr. Blackowicz was an associate in the Boston, Massachusetts intellectual property department of Day Pitney, LLP. According to the firm’s website, Mr. Blackowicz, a 2001 graduate of Boston University
“Rising Star” Falls For Suspended Trademark Attorney Read More »
