The Impersonal Nature of Email
Blawg Review # 158

The Distinction Between Business and Law

Because we do so much trademark work, we live in a world of notice letters, threat letters and draft complaints.

It never ceases to amaze me how many business opportunities are lost as a result of lawyers being so caught up in their threats, that they fail to see the opportunity for companies to work together.  I am working on a matter right now where one of the top social networking sites for women is allegedly infringing on a large newspaper publishing concerns magazine trademark.  The publishing company’s website is pretty weak, with extremely limited traffic.  It is a perfect opportunity for them to get in the game on the web instantaneously. 

But the lawyers are so caught up in making threats that they can’t see the opportunity staring them in the face.  Lawyers sometimes forget that their client’s interest is business, not law and certainly not litigation.  “Protecting their client’s interest” sometimes means stepping back from the threats and focusing in on the opportunity. 


Leann Rolen

People seem to have a hard time seeing what is right in front of them. They want to be right so much that they are ignoring the potential that is sitting right in front of them.

Steven Campbell

Thats in the nature of the lawyer to make threats, so looking up for opportunities should be left for more open-minded businesmen )

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Your comment could not be posted. Error type:
Your comment has been saved. Comments are moderated and will not appear until approved by the author. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.


Post a comment

Comments are moderated, and will not appear until the author has approved them.

Your Information

(Name and email address are required. Email address will not be displayed with the comment.)