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Licensed in California, Colorado, Texas, Washington D.C., and before the USPTO.
J.D. Candidate, UC Hastings, College of the Law, Present
B.A., San Jose State University, 2019, Global Studies
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His primary interests are in intellectual property and start ups. In the spring of 2020, James wrote his Legal Research and Writing brief on a trademark question recently ruled on at the Supreme Court [United States Patent and Trademark Office v. Booking.com BV].
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His primary interests are in intellectual property and start ups. In the spring of 2020, James wrote his Legal Research and Writing brief on a trademark question recently ruled on at the Supreme Court [United States Patent and Trademark Office v. Booking.com BV].
This is just a test
The adjustment to remote learning and working has been adifficult task, however, my associates at Lloyd & Mousilli have been veryhelpful in making the process as simple and easy as possible. In my first week,I was tasked with drafting a memorandum on a case Lema is in the process oflitigating. The memo was to focus on whether a co-defendant would be able toremove a case filed in state court to federal court once the defendant wasserved. This was a topic I was familiar with from my civil procedure courseduring my 1L year, however, this memo required me to delve deeper into thetopic.
The adjustment to remote learning and working has been adifficult task, however, my associates at Lloyd & Mousilli have been veryhelpful in making the process as simple and easy as possible. In my first week,I was tasked with drafting a memorandum on a case Lema is in the process oflitigating. The memo was to focus on whether a co-defendant would be able toremove a case filed in state court to federal court once the defendant wasserved. This was a topic I was familiar with from my civil procedure courseduring my 1L year, however, this memo required me to delve deeper into thetopic.
The adjustment to remote learning and working has been adifficult task, however, my associates at Lloyd & Mousilli have been veryhelpful in making the process as simple and easy as possible. In my first week,I was tasked with drafting a memorandum on a case Lema is in the process oflitigating. The memo was to focus on whether a co-defendant would be able toremove a case filed in state court to federal court once the defendant wasserved. This was a topic I was familiar with from my civil procedure courseduring my 1L year, however, this memo required me to delve deeper into thetopic.
The third week was busy and exciting. I came into the week with an article on SaaS agreements and nothing else. I knew I could get the article done by Wednesday since it was the only assignment on my plate. However, that quickly changed. Feras mentioned we would be receiving drawings for a design patent on a makeup organizer at the end of week two. Once that was received, my task was to write up the specification. This would be my first time writing a specification only after reading about 30 of them while writing the article on design patents. We expected to see the drawings on either Thursday or Friday. However, they came on Monday.
I made the personal decision to focus on writing the design specification and put the SaaS article on hold. I had about half of the SaaS article done when the specification was ready to be written. Writing a design patent specification isn’t hard, but it’s necessary to make sure I was using the correct terms of art. There was an older specification with the formatting already done for me. Having the ability to copy that saved me well over a couple hours. Every document I needed for the specification was saved in google drive, and the inventor did an excellent job explaining her product. The biggest challenge for me was writing the descriptions. There are specific terms that MUST be used to describe the drawings. Since it is the only way to explain a drawing in totality, I needed to do right. I finished the draft within a couple of days and sent that over to Feras for review. I received revisions Friday, and finished those immediately. I then turned my focus back to the SaaS article. Losing my train of thought made getting back into a complicated subject matter tough. There are a ton of small details in agreements that must be followed and are hard to explain in business terms. Regardless, I was able to get the ball rolling again and wrote to about two thirds of the article
Regardless, I was able to get the ball rolling again and wrote to about two thirds of the article. Jonathan reached out and needed two responses to office actions done by the end of the week, so I transferred my energy to those. These office actions were a 2(d) and 2(e)(1) refusal. I started by working on the 2(d) refusal but realized it was going to be a significantly harder argument than the latter. I decided to solely focus on the 2(e)(1) article and finish it one day. The argument was easy to make, and the Examining Attorney’s reason was outrageous. I talked with Jonathan over the possible 2(d) arguments he was thinking about and found that there were some solid solutions. I was able to finish up that response over the last part of Thursday and Friday
DO NOT HESITATE TO ASK QUESTIONS. I sat there for roughly 2 hours brainstorming arguments when I could have reached out to Jonathan and spent those two hours writing. Even if you do not use the arguments given, it will trigger other potential points. Lastly, make sure to communicate with others on what work is coming your way. As the clerkship gets going, you’ll have more and more projects. Being able to say, “hey I need to finish X first then I can get to it. Is that alright?” is a great way to communicate your workload and organize time in an appropriate manner.
This week’s goal was to focus on getting the articles done and sent over. Beginning the week, I had to finish the SaaS article assigned by Feras and the CBD article assigned by Jennifer. Courtronic is in the process of having their SaaS agreements finalized and buttoned up, so the purpose of writing the article is to familiarize myself with the document. We also had a meeting with Food Lens regarding a cancelled trademark.
Writing the SaaS article, or at least finishing it, ended up taking longer than I expected. When researching the fine points of an agreement, there is the quickly realization that there are many different variations. In order to write a clear and concise article, I would need to look through as many as I could find online and find the commonalities between them. There are a few articles out there that pathetically mention some details, but not a single one gives a concrete in depth analysis into the required details. Writing a button tight SaaS agreement is important to prevent litigation and close any potential liabilities. I spent a good amount of my time early that week completing the article and was able to get that sent over to Feras.
Next, I needed to write an article regarding the CBD industry. First and foremost, the law surrounding CBD changes everyday based on municipality and state. Realizing this, I focused primarily on the federal requirements and had anecdotal examples for states and cities. A two-fold analysis was required which was quickly learned. There is the “manufacturer” and the distributor. Each has a particular set of requirements which could easily be classified as hoops and bureaucratic messes. There are documents after documents after documents. It was interesting learning the intricacies of the industry, especially one that is changing so rapidly and is growing at such an impressive rate.
When writing an article, spend most of your time getting the research down. The worst thing you can do to yourself is start writing and realizing that it is wrong or different based on geographical location. Write smarter and not harder. That goes with memos, responses to office actions, and any other writing deliverable. When writing a memo, get all the information you think you could need before beginning. Dive deep into the assignment and give it all your energy for the next few hours. Providing quality advice is easy, but doing it efficiently is much more difficult. Practice that skill whenever you get an opportunity.
I ended the previous note on a strong note getting all of my backlogged assignments done. I was ready to get my toes back into client facing work and begin to focus my energy around new responses to office actions. Jonathan mentioned we had a couple more for this week at the end of last week, so I went in ready. Furthermore, I knew there would be assignments that would come in periodically.
The week started off with writing my first litigation focused memo. What an experience that was. In law school, you are given three weeks to a month to write one. In practice, that is shortened to the end of day (at the most). The memo was regarding Texas state cases which found irreparable harm in a temporary injunction for a trade secret question. I consider myself fairly proficient at using lexus, but they decided to play a cruel joke and completely redo their website starting on Monday. The act of “word” and “word” was the same but the interface was completely different. There were three strong cases that analogized well with the litigation present, so I wrote the six page memo that night and sent it over first thing in the morning. I asked Jennifer to absolutely rip into it when she had a chance, so I could learn from the experience. She provided excellent feedback that taught me a lot for future memos. First, memos should not be six pages. They need to be more clear and concise with everything well organized and directly to the point. Writing that memo, and having the information implemented into a motion, was a pretty cool achievement. In law school they kind of teach you the practical skills, but doing them and getting tangible results is awesome. Next, Jonathan sent over an office action on a 2(d) refusal. 2(d) is a likelihood of confusion which the factors are derived from du Pont. The first two are the most relevant in a 2(d) question which is the similarity of the marks and similarity of the goods or services offered. The question here was for both. The mark in question is the exact same as the cited-mark, so I focused all my energy on differentiating the services offered. I made the argument that they are so dissimilar that in no way could anybody get confused between the goods or services offered.
Ask for clarification on the deadline for projects if you are not sure. Urgent can mean within 30 minutes or by “end of day.” Simply knowing the deadline helps with time management especially when there are other meetings and deadlines coming up. Communicate with the attorney who sent you the task or will need the deliverable. Lastly, ask for the most honest and constructive criticism. A lot of what you will do is new, and it will not be perfect. The only way to get better is to learn from the mistakes you make.
Week six was my last week before school started, so I knew it was time to ask for as many projects as I could before slowing down. There were still a couple office actions that needed to be finished and some edits around a couple of articles. As I began the week, there would be more projects coming my way.
I focused my energy on getting my office action arguments tailored. The arguments made by the Examining Attorney was strong in relation to the proposed mark and the cited mark. More so, there was a legal hurdle that needed to be overcome. The mark in question was focused on a CBD item which means there are certain requirements in the description to get registered
Communicate schedules and time availability with the ones you consistently work with. The first week I was not clear to my supervisor about when I had classes. This resulted in work that needed to be done asap while I was in a five hour block of classes. The choices became clear, and I needed to make a decision on whether to leave class and get work done or stay in class. Remember, because I did not communicate my class schedule beforehand, the responsibility fell on me. Every attorney knows education comes first and if I happened to send out a quick slack and email with my class schedule, there would have never been a conflict.
The hours available outside of school, GRIND. There is not a lot of time outside of reading and studying in law school. Everybody jokes that 1L is the hardest year because free time does not exist, but that is simply not true. 2L is a full schedule. Therefore, in order to successfully navigate school and a clerkship, work as hard as possible in the few hours a day of free time. There is simply no time to watch Netflix, or fun read. Grind on the clerkship work and learn to produce high quality work. I talked with Jennifer and she mentioned how work that used to take three days now takes her a half day because she had learned how to focus and craft her methods of writing to be more efficient. There is not a better time to develop those skills than when balancing school and the clerkship.
It is possible to balance a clerkship and school. The first week was difficult because I did not communicate my schedule and did not have a rhythm. It was not a problem getting work done once I developed a steady rhythm.