Glendale Meeting Fails, Phoenix Coyotes to Relocate Imminently?

As some of you know, I’m a hockey fan – a HUGE hockey fan. As a result of my soft spot, I have followed the continuing saga surrounding the Phoenix Coyotes, formerly known as the Winnipeg Jets, and their troubled attempts to finalize a “legal” deal to remain in the desert. After reading and listening to the results of the “Cupcake Summit” between the feuding parties in Glendale,  it is clear that the Coyotes remaining in Glendale is remote. Eventually if a buyer is found, it is inevitable that it will be on terms that probably will not be favorable to the City of Glendale and high risk. Within a year or two of play, if the Coyotes are not playoff bound, the fate of the team may be sealed as well as an even bigger hole for the City. Kudos to Don Maloney for somehow fielding a competitive team on the sport’s most challenging budget. [Read more...]

Lindsay Lohan Lawyer “Just Doesn’t Get It”

Yesterday I read an article where a criminal defense lawyer, who met with Lindsay Lohan, had reportedly refused to take her case because he thinks she’s deluded. Apparently this criminal lawyer “ultimately decided to take the case” as reported by People Magazine. Still the question remains… how could a long standing member of the bar betray his client by going to People magazine and shamelessly exploiting what a potential client said in the confidence of a private legal consultation? Where is the conduct committee for lawyer ethics? Perhaps all is not as it seems.

[Read more...]

Internet Brands, vBulletin: The Annual Maintenance Crap

My apologies – the title of this post is “Annual Maintenance Pack.” As many of you may know, I run the legal advice forum at TheLaw.com which, since 2001, has used vBulletin software. Last year I wrote a column here in my blog, not being thrilled with a forced vBulletin version 4 upgrade fee after the option to buy updates to my version 3 software was suddenly ”discontinued.” Just when I thought the situation at Internet Brands couldn’t become more preposterous, the marketing comedy returns.

[Read more...]

Patent Lawsuit Against American Idol’s SMS Voting

The New York Daily News reported that a Texas retiree, Edward Lyda, has sued hit TV show, American Idol, in New York State Supreme Court. Lyda apparently claims that American Idol “ripped off” his idea about using live audience voting using SMS in a television show, which is allegedly patented. [Read more...]

Apple iPad Flouts Trademark Infringement – What’s Next?

Either the arrogance at Apple has greatly exceeded that at Microsoft at its peak or I should be sending in my resume to Cupertino with all due haste. Apparently Apple decided to launch its iPad product without regard or care for existing trademarks that may have been filed in the United States. Apparently Fujitsu filed in 1993 for the iPad trademark for a “HAND-HELD COMPUTING DEVICE FOR WIRELESS NETWORKING IN A RETAIL ENVIRONMENT” and you can find the Fujitsu iPad product brochure here. Apple apparently sent a letter in opposition to this trademark for undisclosed reasons (rumors are afloat that it is under the doctrine of “divine right.”) [Read more...]

The $7 Million Star Trek Memorabilia Lawsuit

Is a misunderstanding regarding a poker table and poker visor with uniform allegedly worn by Lieutenant Commander Data of the Starship Enterprise worth $7 million in damages? Apparently lifelong Trekkie, Ted Moustakis, believed it was after being denied in case his against Christie’s auction house by the New York State Appellate Court for fraud and negligent misrepresenation. [Read more...]

Facebook Used to Prove Cure for Depression

A 29 year old Quebec woman claims to have lost her health benefits due to photos posted on Facebook showing her having fun frolicking on the beach, enjoying a birthday party, and having a good time at Chippendales. After being diagnosed with depression approximately a year and a half ago, the Manulife insurance company reportedly sent an ex-IBM employee monthly payments for an extended sick leave to help her cope with her illness. Am I the only one who thinks that using Facebook to question an “illness” is  hardly the issue? [Read more...]

vBulletin 4 Forum – The Controversial Upgrade Offer

For almost a decade, Jelsoft’s vBulletin software dominated the software market for online discussion forums. It was the quintessential example of how an enthusiastic customer base can extend a product and grow the base business exponentially. In 2007, Jelsoft and its potential was sold to Internet Brands, a public company, for an undisclosed sum and moved forward with few changes and little fanfare. In October 2009, everything changed in just two short weeks. The recent customer revolt against the new management team (the founders and most of the original team are gone) - ostensibly renamed as vBulletin Solutions (“vBS”) – is an interesting, ongoing case study that companies changing their software licensing models may want to follow. In the interest of full disclosure, I am a current owner of vBulletin software, managing a long running legal advice & assistance forum since the earliest versions appeared in 2001. My comments below represent my good faith understanding of the confusing events of the past two weeks and subject to correction. [Read more...]

AT&T permits VOIP, Skype, Google Voice on iPhone

Today AT&T released the news that it will permit the use of VOIP (Voice Over IP) programs to utilize its 3G network via the iPhone. Previously, applications such as Skype and Google Voice were limited to WiFi-only and not permitted to use the 3G data network. This decision comes at an important time when AT&T and other carriers are being scrutinized by the Federal Communications Commission for control they exert over devices and applications allowed on their networks. [Read more...]

McGinn Drops “Humiliating” Lawsuit Against Match.com

As was reported earlier in September, first Sean McGinn couldn’t handle rejection at Match.com. Apparently now he can’t handle the humiliation and ridicule as a result of his lawsuit – which he has apparently dropped. The Law Professor blog will have complete documents and an analysis of the Match.com reply to McGinn’s complaint (and amended complaint) as well as the memorandums of law. [Read more...]