WATCHMEN: The Verdict

Sunday, March 8, 2009
Westwood Village,
The Village Theater
First screening of the day



WATCHMEN: The Verdict

"It is EPIC in length. It is Spectacular. It is Long. It is Violent. It is Magnificent. It is Grandiose. It is worth seeing. But set aside at least 4 to 5 hours and do not drink any liquids for at least an hour before the movie starts...There are scenes where you just want to scream, "This Movie Rocks" ! or "Cool!" or "Wow!" Other times you want to yawn and speed up the reel. In short, I liked it ! And I am glad it is over too. The moral of the story: The ends justify the means."

*** *** ***


(Photo source: Billboard at Barrington and Olympic Blvd, in West Los Angeles. Photo by Will Maguire. WATCHMEN™ is a trademark of it's proprietary rights owner).

You've seen nothing yet ! The bombardment of Advertising and Promotion for this Superhero Feature Film is just getting started. Just check out the Watchmen movie website from Warner Bros. (http://watchmenmovie.warnerbros.com/) with its Blade Runner-esque soundtrack. Wow !


(Graphic Film Credit Billing Block.gif above is: Copyright 2008 Warner Bros. Entertainment Inc. All Rights Reserved)

Also, see:

The Official Watchmen movie blog at:
http://rss.warnerbros.com/watchmen

and

the Facebook "Watchmen" Group at:
http://www.facebook.com/watchmen


The Watchmen Movie Trailer at:
http://www.apple.com/trailers/wb/watchmen

and

The Official Magazine of the San Diego Comic-Con at:
http://www.comic-con.org/common/cc_magazine.shtml


and

Entertainment Weekly Magazine, Feb. 27, 2009 Issue
http://www.ew.com/ew/article/0,,20213273,00.html



and

Comics Buyer's Guide, #1652, April 2009
http://www.cbgxtra.com/Default.aspx?tabid=42&qs=1&view=topic&forumid=24&postid=49421



The film, based on the graphic novel by Alan Moore, first published as a limited twelve issue comic book series in 1986 and 1987 by DC Comics (see: http://en.wikipedia.org/wiki/Watchmen), is being directed by the same director as the film "300", namely, Zack Snyder.

The plot brings to mind a theme I've stressed for many years:

"Super Heroes Need Protection Too !"
http://www.trademarkesq.com/pages/article2.html

Therein lies the coincidence but also the extent of any substantive similarity. The super hero as intellectual property does indeed require the thought and care of a competent intellectual property attorney. As for the film and its fictional super hero team, the Watchmen, we will all just have to wait and watch...

If you are a creator of super heroes or the like, we invite you to take a look at our website which features ARTICLES of interest, including, of course, our flagpole article, "Super Heroes Need Protection Too !"

Remember: "Protect What's Yours !"

TrademarkEsq is here for you !
http://www.TrademarkEsq.com

"ZAP! POW! BAM!" at the Skirball Center: The Verdict !

The photo below shows the artwork at the entrance to the ZAP! POW! BAM! Comic Book Exhibit:


This next photo shows some newspaper headlines from the same Exhibit:


Some Explanatory Text re the Heralded "Golden Age" of Comics:


A close-up of some very creative display dividers at said Exhibit:


The undersigned shadowed by the Dick Tracy Exhibit at the Skirball's companion exhibit featuring Superheroes in Film:


The Verdict: "WOW!... ZAP! BAM! POW! Go See This Show NOW!"

Updated, Sat., March 7, 2009

So there I was listening to Jerry Robinson, the creator of THE JOKER (as in the Batman comic book series) chat with Mark Evanier the other nite, Thursday, March 6th, at the Skirball Cultural Center in Los Angeles.... and in response to a question from the audience, Jerry says that in deciding on the Joker as the protagonist-villain as counterpoint to Batman, that "Names are so Important in Comics"! Well, that is Divine Reassurance for any trademark attorney, to be sure. Comic book character names are so important in comics. And the guy who created THE JOKER said it ! Helloooooo ! Thank you !

And that is EXACTLY why registering your character names as trademarks is so important, if possible ! I rest my case.


(Source: Skirball.org)


(Source: Skirball.org)


Dateline: Feb. 19, 2009 through August 9, 2009.

Venue: Skirball Cultural Center, Los Angeles, Calif.

What: "ZAP! POW! BAM! The Superhero: The Golden Age of Comic Books, 1938 - 1950"


(Source: Skirball.org)

Web Link: http://www.skirball.org/index.php?option=com_ccevents&scope=exbt&task=detail&oid=34&ccmenu=v2hhdcdzie9u

Among the Super Heroes featured are Superman, Batman and Wonder Woman in this exhibit which "showcases work by the Jewish artists and writers who created heroic comic book characters during the late 1930s and '40s." (Westways Magazine, March/April 2009, page 52).


(Source: Skirball.org)

Additionally, there is a companion exhibit produced by the Skirball Center itself called, "It's A Bird, It's A Plane, It's Superheroes of Film and Television!, curated by Ms. Erin Clancey (Palisadian-Post, Feb. 26, 2009, page 11).
http://www.palisadespost.com/content/index.cfm?Story_ID=4679

Per the Skirball Center's website, "Lights, Camera, Action examines the close relationship and parallel development of the comic book and motion picture industries. Objects on view include the original 1966 Batcycle from the Batman television series on loan from the Petersen Automotive Museum, along with vintage movie posters on loan from the Academy of Motion Pictures Arts and Sciences, original comic books on loan from the University of California, Riverside, and movie and television memorabilia."


(Pictured above: Batcycle • Collection of Margie and Robert E. Petersen)

This exhibit is said to include vintage posters and movie costumes from such films as the 1978 Superman movie starring Christopher Reeve, as well as Michael Keaton's Batman costume. No additional admission fee is charged for this exhibit. More bang for your buck! Tickets are $10 for adults, $7 for seniors and students, and $5 for children 2 - 12. For more information, call 310.440.4564 or on check it out on the web at www.skirball.org

Finally, for the comic book afficionado, you may want to calendar attending the chat session at the Skirball on Thursday, March 5th at 8 pm when Golden Age Artist Jerry Robinson will discuss "The Golden Age of Comic Books". This should be a real treat because Robinson is credited with creating Batman's most famous adversary, The Joker, as well as naming Batman's protege, Robin the Boy Wonder.

If you are not yet enticed to see this exhibit, check out the following copy of Jerry Robinson's original sketch from 1940 of The Joker. Note the red shading of the Joker's lips to illustrate the character's makeup.


(Source: Palisadespost.com; From the Collection of Jerry Robinson).

Zap! Bam! Pow!... and get yourself to this show !

And don't forget that "Superheroes Need Protection Too!" http://www.trademarkesq.com/pages/article2.html

For that, TrademarkEsq is here for you !

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WHY I LOVE CHICAGO !

(Painting & Source: "A Sunday on La Grande Jatte" by Georges Seurat;
http://www.artic.edu/artaccess/AA_Impressionist/pages/IMP_7.shtml)
*** The original painting is on display as part of the permanent collection at the Art Institute of Chicago ***

Let me name the reasons:

•The Fugitive
http://en.wikipedia.org/wiki/The_Fugitive_(1993_film)
•The Blue Brothers
http://en.wikipedia.org/wiki/The_Blues_Brothers_(film)

•Second City
http://www.secondcity.com
•Navy Pier
http://www.navypier.com/visit_us/directions.html
•Chicago Blues
http://en.wikipedia.org/wiki/Chicago_blues
•Muddy Waters
http://en.wikipedia.org/wiki/Muddy_Waters
•Buddy Guy's Legends
http://buddyguys.com

•Billy Goat Tavern
http://www.billygoattavern.com


•Lake Michigan
http://en.wikipedia.org/wiki/Lake_Michigan
•The University of Chicago
http://www.uchicago.edu
•Museum of Science and Industry
http://www.msichicago.org

•Deep Dish Pizza
http://chicago.citysearch.com/bestof/winners/pizza
•Ed Debevic's (the original)
http://www.eddebevics.com
•Carson's Ribs
http://www.ribs.com
•Scoozi !
http://www.leye.com/restaurants/directory/scoozi
•Taylor Street
http://www.ristorante.net/taylor.htm
•Tufano's Vernon Park Tap
http://www.yelp.com/biz/tufanos-vernon-park-tap-chicago
*** note: Call in advance to see if they will be serving the "Eggplant Parmesan"... it is to die for ! Trust me !
•Spinach Pizza at Bacino's http://www.bacinos.com/

•Rush Street
http://en.wikipedia.org/wiki/Rush_Street_(Chicago)
•Oak St. Beach
http://en.wikipedia.org/wiki/Oak_Street_Beach
•Grant Park
http://en.wikipedia.org/wiki/Grant_Park_(Chicago)

... and besides my nephew's name is Grant !

Soldier Field, e.g., "Da Bears !"...


•Stunning Architecture
http://architecture.about.com/od/usa/p/chicago.htm





•The Art Institute of Chicago
http://www.artic.edu

*** including the World Famous and Utterly Remarkable Postimpressionist Painting by Georges Seurat, namely, "A Sunday on La Grande Jatte" http://www.artic.edu/artaccess/AA_Impressionist/pages/IMP_7.shtml

•Sculpture

(An Untitled Sculpture by Pablo Picasso)
http://en.wikipedia.org/wiki/Chicago_Picasso

•The Chagall Wall
http://www.worldofstock.com/closeups/AAB1217.php

•The Shedd Aquarium


•Will Maguire with "Man With Fish"

(Photo by Gary Borquez, Esq., CEO, Wheelhouse Legal Search,
Photo taken in May, 2007 during Annual Meeting of Intl. Trademark Assn.)

•The Standard Club
http://www.stclub.org
•Printer's Row
http://en.wikipedia.org/wiki/Printer%27s_Row,_Chicago

•The Cubs and Wrigley Field
http://chicago.cubs.mlb.com
•The Bulls Run of 1990-91 to the NBA Championship
•The Last Season at Comiskey Park, Summer 1990:
http://en.wikipedia.org/wiki/Comiskey_Park

•Michigan Avenue
http://en.wikipedia.org/wiki/Michigan_Avenue_(Chicago)
•Marshall Field's
http://en.wikipedia.org/wiki/Marshall_Field's
•The Sears Tower
http://www.searstower.com

and, of course, my alma mater, The John Marshall Law School, where I earned my LL.M (Masters of Law) degree in Intellectual Property in June of 1991. http://www.jmls.edu

If you've never been to Chicago, GO !


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Hollywood in Winter !

(Photo by and Copyright Nick Steers 2009. All Rights Reserved. Used here with permission. Reproduction without consent is strictly prohibited).

Wow ! Not much you can say about this photo ! After four days of winter storms, with snow levels approaching 2,000 feet, this was the view from the westside yesterday afternoon, 02.09.09.

Photo details:
Camera: Olympus E-500 with a telephoto lens.
Time of day: Taken about 3pm, Monday, Feb. 9, 2009.
Location: At the corner of Centinela and Ocean Park Blvd,
in Santa Monica, Calif.
View: Northeast of Santa Monica, Century City in middle, Hollywood Sign
in background followed by San Gabriel Mountains.

Many thanks to Photographer, Nick Steers, for sharing this amazing photograph with us !

Enjoy !

JURY SERVICE 101

(Photo of the new LAX Adjacent Superior Court of California, in El Segundo, Calif. Photo by Will Maguire. Used here with permission.)

The undersigned was recently called for jury service and so we thought we would write up a little bit about this civic service experience.

JURY SERVICE 101: From Selection to Peremptory Challenge

Dec. 25, 2008. Merry Christmas morning. I collect my mail and there it is, that envelope I've seen several times before in years past from the Superior Court of Calif, Office of the Jury Commissioner. Inside, the invitation to appear for Jury Service beginning Monday, February 2, 2009 through Thursday, Feb. 5, 2009.

January 31st and Feb. 1, 2009. The first two days I call in the nite before as instructed and am told not to appear.

Feb. 3, 2009. I call the 800 number after 6 pm as I have done the previous two evenings and lo and behold I hear a different message that tells me to be at the Courthouse the following morning at 8 a.m. !

Feb. 4, 2009. I spend the entire day at the courthouse. Attendance is confirmed. A video is screened. A lecture and introduction is given. The first of two groups are called for for jury service and sent off to courtrooms. Around 11:15 a.m, I am called to a courtroom for what we learn to be an anticipated 10 day trial minimum. Fortunately, there are enough potential jurors who stand up as being able to participate for several weeks, so that the two dozen of us who stayed seated because of problems with serving for that long of a period are as a group summarily released by the judge and told to return to 4th floor jury room for possible further selection. Then comes lunch from 12 noon to 1:30 pm. Upon my return from lunch, my number is called and I am instructed to proceed to a trial on the 7th floor where I am selected for a 2 - 3 day trial. The rest of the afternoon the Judge and counsel attempt to select a jury. We are dismissed around 4:30 pm for the day and told to return to the courtroom at 10:30 am the next day.


(View from the 7th Floor of the Courthouse, looking east toward Downtown L.A. Note: The American Airlines jet on approach to LAX. Photo by Will Maguire. Used here with permission).

Feb. 5, 2009, 10:30 a.m. Back on the Seventh Floor, Courtroom A. Our jury is again seated and voir dire (questions by the Judge and Counsel) continues. The final jury has not yet been selected but just shy of 12 noon we do finally get there and then come the "peremptory challenges" allowed for both the prosecution and the defense (see below). As luck or fate would have it, the defense selected me for peremptory challenge and I was free to depart after checking in with the 4th Floor Jury Room staff and was thus finished with my jury service.

Peremptory Challenge, defined:

"From Wikipedia, the free encyclopedia

http://en.wikipedia.org/wiki/Peremptory_challenge

Peremptory challenge usually refers to a right in jury selection for the defense and prosecution to reject a certain number of potential jurors who appear to have an unfavorable bias without having to give any reason. Other potential jurors may be challenged for cause, i.e. by giving a reason why they might be unable to reach a fair verdict.

The idea behind peremptory challenges is that if both parties have contributed in the configuration of the jury, they will find its verdict more acceptable. The existence of peremptory challenges are an important safeguard in the judicial process as it allows both the defendant and the prosecution to get rid of potentially biased jurors. Their use allows attorneys to use their training and experience to dismiss jurors who might say the correct thing, but might otherwise harbor prejudices that could infringe the rights of the defendant to a fair trial.

The use of peremptory challenges is controversial as some feel it has been used to undermine the balanced representation on a jury which would occur using random selection. Despite this, it still remains in use in several jurisdictions and in some cases leads to extensive and expensive jury research, aimed at producing a favorable jury."

Comment: I do not know for sure why I was challenged and removed from the jury being impaneled but I was relieved since I anticipate that this trial will run into tuesday including deliberations, which would be an imposition upon my clients and potentially harm my zealous representation of my client matters.

It was nevertheless an interesting experience. There were definitely a few people who were doing everything they could to get out of it, in my opinion. There were 4 lawyers on the jury panel before the challenges and three of us were removed via peremptory challenges. So call it a hunch that neither side wanted any lawyers on the jury.

Civic duty concluded, I turned in my juror badge and was given a juror receipt for having completed my jury service...... and away I drove into the rain just starting to beat down on the mean streets of Los Angeles...

Is Chocolate Recession-Proof !?

(Source: Google Images and marketplace.issi.net. HERSHEY'S is a registered trademark of the Trademark Holder and is used here strictly as a fair use for academic and scholarship purposes).


According to the WSJ, 01.28.09, "Hershey Co's fourth-quarter profit and sales growth suggests that demand for chocolate remains strong despite the dismal economy." I could have told them that from my own personal experience, granted.....but this is Great News for Trademark Owners of Chocolate Brands and Trademarks. The undersigned's preference for Dark Chocolate, notwithstanding, consider: HERSHEYS, M&M's, SEE's, FANNIE MAY and even grocery store chain, Trader Joe's, has got its own private lable chocolate. CAVEAT: this short blog post will kindly and respectfully not torture the reader by discussing such European Chocolates like Nestle, Lindt and Cadbury.

On the other hand, premium chocolate brands, e.g., the so-called designer chocolates, may be taking a hit, with consumers apparently trading down according to the WSJ in its article dated Jan. 28, 2009 at which can be seen at the following link:

http://online.wsj.com/article/SB123306391902119401.html

Everyday CHOCOLATE, however, is apparently the Elvis of of sweets. So HERSHEYS and the like are reaping the rewards of cost-conscious chocolate consumers (hereinafter, CCCC).

In any event, this being a trademark blog, for those of you interested in all things chocolate should know that Chocolate is registrable in International Class #30. An example of a U.S. Federal Trademark Registration for chocolate includes:

Word Mark: HERSHEY'S

Goods and Services, IC 030. US 046. G & S: CHOCOLATE, COCOA, SWEET CHOCOLATE, MILK CHOCOLATE, CHOCOLATE COATINGS, CHOCOLATE LIQUORS, AND CHOCOLATE POWDER. FIRST USE: 18940101. FIRST USE IN COMMERCE: 18940101

Serial Number 71016827
Filing Date February 8, 1906
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition April 24, 1906
Registration Number 0054041
Registration Date June 19, 1906

This is a remarkable registration. Registered in 1906 with first use since 1894! Hallelujah! Hershey's is clearly the Holy Grail of American Chocolate. That's for sure ! http://www.hersheys.com/chocolateworld/

And with that, it's time to "Exit, Stage Left" to Trader Joe's...

editor's note: After 4 oz of Trader Joe's Dark Chocolate you will be saying to yourself, "Recession, What Recession ?!"

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TrademarkEsq Is Here For You !

If you live on the westside of Los Angeles, chances are our office is close by. Our W.L.A. office is located at 11500 W. Olympic Blvd., Suite 400, Los Angeles, CA 90064-1525. We are located in the City National Bank building at the corner of Olympic and Colby, approx. 4 blocks west of the 405 Fwy.

During our lunch break today, I captured the following two shots with my digital camera three blocks west of our office at Barrington, as well as at the corner of Colby and Olympic.

"Olympic and Barrington"


"Olympic and Colby"


Please remember:

TrademarkEsq is here for you !

Trademark • Copyright • Licensing

Will Maguire
LAW OFFICES OF WILLIAM E. MAGUIRE
http://www.TrademarkEsq.com
email: maguire@artnet.net

"Gran Torino" Script is a Classic !

While it was not easy to track down the script for this most recent Clint Eastwood starring film, here is the link for your convenience.

http://www.joblo.com/Gran%20Torino.htm

I recommend Pages 82 - 89 for the banter at the Barbershop with Walt (Eastwood), the Barber and Tao (the kid).

The link to said script is provided as a courtesy only. Rights to reproduce said script must be obtained from the proprietary rights holders. "Gran Torino" Copyright 2008 Warner Bros. Ent. All Rights Reserved. Screenplay by Nick Schenk.

Enjoy !

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The USPTO Brush-back

Happy New Year to our subscribers and to our visitors !

TrademarkEsq received some good news today via email from the folks at the online dictionary, Urban Dictionary, www.UrbanDictionary.com, as follows:

From: info@urbandictionary.com
Subject: Urban Dictionary - Brush-back was published
Date: January 21, 2009 2:22:47 PM PST
To: tmesq@yahoo.com

"Thanks for your definition of Brush-back!

Editors reviewed your entry and have decided to publish it on urbandictionary.com.

It should appear on this page in the next few days:
http://www.urbandictionary.com/define/php?term=Brush-back

Urban Dictionary

-----

Brush-back

To refute, reject, deny or disagree with a position or argument made by another to advance their agenda. Cross-reference, brushback, e.g., the brushback pitch in baseball to reclaim the corners of the strike zone from an encroaching batter.

The position advanced by the Applicant was refuted and rejected by the Examiner citing typical brush-back "Laudatory" denial language as set forth in the statute and case law."

Readers may recall our earlier blog post dated Oct. 8, 2008 entitled:

USPTO Trademark Practice: The USPTO Brush-back

http://trademarkesq.blogspot.com/2008/10/uspto-trademark-practice-uspto-brush.html

We invite you to visit or revisit this article from this past October, 2008, esp. now that the referenced term of art, "Brush-back", has received web cred !

TrademarkEsq is here for you !

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L.A. Burger Wars 2009: R+D vs. LITERATI II

The Kobe Chedder Cheeseburger at R+D KITCHEN, Santa Monica, Calif., January 8, 2009 (photo by Will Maguire. Low light/no flash).


The R+D KITCHEN Carrot Cake (low light/no flash)


The Kobe Chedder Cheeseburger at LITERATII II, in West L.A. (photo by Will Maguire. Natural light).


The LITERATI II Carrot Cake, aka The Big Kahuna of Carrot Cakes. Hands down the clear winner. Trust me.

January 2009

Although the clandestine photos of the cheeseburger and carrot cake at R+D KITCHEN in Santa Monica were taken in low light with no flash, the undersigned can assure the reader that the burger was quite tasty and the carrot cake quite moist and delicious.

The photo comparisons above of said R+D specimens vs. the infamous Kobe Chedder Cheeseburger at West L.A.'s LITERATI II, as well as its Carrot Cake, leave no doubt that the battle of the burgers continues into the year 2009.

The burger at R+D is worthy of a center spread in Bon Appetit'. The presentation is simply gorgeous. The burger at LITERATI II, is larger but does not share the same presentation skills. The LITERATI II burger, however, is a monster and very tasty.

One thing is certain, however, the service at R+D KITCHEN is "Exceptional"! It is Outstanding ! From the hosts to the waiters, the staff is friendly, professional and polite. And it's not a put on either. After three plus visits to this establishment, the exceptional service has not wavered. This, of course, is the reason I keep going to this restaurant. The people there are just nice. Check out their website at: http://www.hillstone.com/#/restaurants/cafeRandD/

LITERATI II does not have the same level of service. It is good service. The staff is professional and meals are served properly and timely, but the people skills that are so exceptional at R+D do not shine as bright at LITERATI II.

The Carrot Cake is BETTER at LITERATI II, however. No Question ! LITERATI II takes the cake on this count ! Check out their website at: http://www.literati2.com/

You will just have to try these two restaurants to choose which you like better. And just to really shake things up, you may want to try the Kobe Cheeseburger at nearby Santa Monica based "Rustic Canyon" on Wilshire just east of 11th St (http://www.rusticcanyonwinebar.com/). This burger is a bit smaller than at LITERATI II but it does come with fries which are very fresh and tasty. The fries are extra at R+D and they cost $5 bucks for not a lot of fries. So R+D gets demerits for short changing its customers on its shoestrings. If you are into wine, then Rustic Canyon and R+D have extensive and exclusive offerings. If your thing is coffee, check out the very elegant coffee service at Rustic Canyon where you get your very own several cup big stainless steel carafe of freshly brewed coffee with all the accoutrements. Very civilized. Trust me on this ! You will be delighted.

What does all this have to do with Trademarks ? Each of these three referenced restaurants have established common law trademark rights in the names of their establishments in the form of service marks. The undersigned has helped several Los Angeles area restaurants maximize their rights by obtaining Federal Service mark registrations for 'restaurant services'. This entitles the owner to exclusivity under most circumstances. The last thing a restaurant needs is a competitor stealing customers by advertising and promoting itself with the same or similar name.

For more information on this topic of restaurant trademark protection, please see our earlier blog post of Nov. 10, 2008, which can be observed by clicking on this link and scrolling down to Section II therein http://trademarkesq.blogspot.com/2008/10/hollywood-eateries-past-and-present.html

Bon Appetit',

TrademarkEsq is here for you !

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Happy New Year !

TrademarkEsq and the Law Offices of William E. Maguire wish you and yours a very Happy New Year !

May the new year bring you peace and prosperity and a bright future and outlook for us all.

*** Happy Holidays from TrademarkEsq ***

"Merry Merry Red Coffee Cherries"

Merry Christmas and Happy Holidays to one and all.

Ripe Red 100 Percent Kona Coffee Cherries just picked from the tree.
November, 2008 Honaunau, Hawaii

Photo by Will Maguire. Copyright 2008 Will Maguire. All Rights Reserved.

The Greatest Thing Since the Stanford Marching Band...

Dateline: Dec. 8, 2008

As per the Los Angeles Daily Journal,

By Craig Anderson
Daily Journal Staff Writer

SAN JOSE - "Stanford Law School will unveil a first-of-its-kind online database today that tracks every patent lawsuit filed in the United States since 2000 and gives academic researchers and attorneys unprecedented access to information about litigation.

Mark Lemley, who spearheaded the creation of the Stanford Intellectual Property Litigation Clearinghouse, said he hopes the database provides "systematic information" that can assist attorneys in handling pending cases and policymakers in deciding how to change patent laws..... There are more than 50,000 other cases -- including trademark, copyright, antitrust and trade secrets theft claims -- in the database..."

The website and link to this Clearinghouse is as follows:

http://lexmachina.stanford.edu

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