

| Subject: | Re: To the defense of VW and their lawyers |
| From: | Mark Dorm |
| Date: | Fri, 25 May 2001 11:57:24 -0700 |
Okay Horace, but why is we get away with having a site called vanagon.com? > >At 04:09 PM 5/24/01 -0700, Mark Sheflo wrote: >>Apologies to HKS and SS. >> >>This is all about laywers making work for themselves. The client (VW) >>wants >>a return on their investment. So we have the laywers providing a >>justification for their continued employment. > > > >Don't apologize -- but open your mind. Surely all understand the basic >rules of the game: an attorney absolutely cannot under any state of >circumstances just start suing the *hail* out of people or companies or >taking action of any kind whatsoever WITHOUT A CLIENT ORDERING IT TO BE >DONE. First comes the client, then comes the legal action --not the other >way around. For a lawyer to bring a lawsuit WITHOUT CLIENT AUTHORIZATION >would be grounds for a lawsuit by the client against the attorney. And >he/she would get it in a heartbeat. > >The reality is, Volkswagen Worldwide takes a very aggressive stance on >their trademarks, service marks, and symbols. They spend money to squash >out infringement. You will find many big players do. Many small players >too. Why? Its their property. They made it, they earned it, they keep it >up. Just like you would, they don't like use of their property without >their authorization or control. Just try inventing your mark, watch it >become successful, and then watch others steal it. YOU would be mad as >*hail.* And rightfully so. > >It does not have a damn thing to do with lawyers wanting to make >money! That is demonstrated above. VW calls the shots, folks. Yes, >lawyers want to make money -- so how that does fit into this picture? VW >has in-house counsel out the wazoo, who monitor the fees, who arrange for >the legal work they can't do themselves, hire local counsel in various >jurisdictions to pursue the "serious" violators, etc. VW is a money-making >enterprise and has the power to pretty much pick and choose whatever >lawyers it wants, and pay whatever price they want 99% of the time. That >is the reality. Do you have any earthly idea how prestigious it is to a >law firm to represent a huge company that VW? Law firms practically pay >the client sometimes instead of the other way around. Its good for >business. No, its GREAT for business. > >Lawyers billing fees needlessly or without authorization, are not likely to >happen in this scenario. Here's why. Big corporate clients today are >savvy, legal street-wise, and know the value of having an legal insider >look over the shoulder of the other attorneys. Insurance companies have >become masters at this. How do I know? I do some of this. Lawyers doing >things to create work --just to "churn" transactions like the stockbroker >who constantly trades in order to make his commission on each trade -- at >least in the realm of big corporations, is just not happening. We would >refuse to pay legal bills for unnecessary or unauthorized work. And they >would likely remain unpaid. No law firm wants that kind of bad publicity >from a dispute with a major corporate client. > >Is VW "right" or "wrong" in its policies about trademarks, etc? I don't >know, and you don't. And guess what -- you're not going to know; not >unless you happen to find yourself sitting on the Board of Directors of >Volkswagen in an executive session (behind closed doors) meeting discussing >the merits of the subject. We here on the outside only know their (VW's) >past acts in order to try to get a feel for their forward direction. We >know they are extremely aggressive, and they are willing to pay money to >pursue their aggressive stance, so there is most likely a pretty damn good >financial reason for VW doing so. Enough reason to justify paying lawyers. > >So it is clear the infringement enforcement lawyers have nothing to do with >corporate policy-making in this instance. A decision was made to be >aggressive, and the lawyers are the ONLY means of enforcement. Do I need >to say more?? > >HK > > >"The defense is ready to proceed, Your Excellency." >"Uhh, <bowing> I mean -- Your Highness . . . Your Imminency . . . >Your Greatness, Your Lordship, Your Worship. >Your Honor." _________________________________________________________________ Get your FREE download of MSN Explorer at http://explorer.msn.com
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