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. 

Comments

[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 )