The Fuzzy Line Between Blogging and the Real World

Some commentators and active readers of our blog have asked us why we haven't covered certain noteworthy and topical stories that are related to brand protection and intellectual property in the news recently.

For example, we deliberately haven't blogged about the Apple / Samsung case, the Zephyrs / Victoria's Secret litigation, and several other major cases in the news that relate to brand protection.

The reason is simple:  We may be (or were at some point) involved in those cases as litigation counsel and/or consultants to the parties, and our clients understandably prefer that we confine our statements about those cases to the courtroom or to client-approved press releases.

To be sure, the dividing line between new forms of social media/blogging and being a practicing lawyer can become blurry.

Bar Associations have struggled with offering guidance to practitioners as to when and how to use blogs and social media with respect to cases they are directly involved in.  The ABA Journal notes that blogging can be dangerous and can even lead to serious ethics violations.

As a general matter, we have found that the best solution is for us to confine our blogging and commentary to cases that we are not directly involved in.  Thank you for your understanding!