FISH & RICHARDSON P.C.
601 Lexington Avenue,
New York, New York
Frederick P. Fish
RULE 408 COMMUNICATION
VIA FEDERAL EXPRESS 212 765-5070
February 24, 2011 212 258-2291
Mr. Aaron Street www.fr.com
Lawyerist Media, LLC
125 Main Street SE, Suite 250
Minneapolis, MN 55414
Re: Use of PeerViews Inc.'s Trademark: Small Law
Dear Mr. Street:
AusTIN This firm represents PeerViews Inc. ("PeerViews") in trademark matters.
PeerViews is a New York-based media company that owns and operates
TechnoLawyer, at technolawyer.com, a website offering legal information services to
the legal and business communities. As you may know, PeerViews is the owner of
the SmallLaw trademark, having used the mark SmallLaw since at least as early as
MUNICH January 2009 in connection with its on-line publications. As you may also be aware,
NEW YORK PeerViews owns federal Trademark Registration No. 3,832,551 for its mark
SAN DIEGO SmallLaw in connection with the following services:
Providing newsletters for the legal services and business industries in the fields of
legal technology, law practice management, legal news, and areas of legal practice
WASHINGTON, DC via e-mail; providing online publications for the legal services and business
industries, namely, blogs and reports in the fields of legal technology, law practice
management, legal news, and areas of legal practice, in International Class 4 I.
PeerViews has published over 85 issues of its Small Law publication, which has a
readership of over I 0,000 lawyers and other legal and business professionals. As you
can appreciate, over the last several years, PeerViews has devoted time, money, and
effort into the use and promotion of its Small Law mark such that the mark has
achieved recognition in the marketplace, and represents a goodwill of significant
value to our client.
It has come to our attention that Lawyerist Media, LLC ("Lawyerist") has published
an article titled "Above The Law Goes Small Law" on February 15, 2011 at:
http://lawyerist.com/above-the-law-goes-small-law/. This article promotes two new
columns that will be published by Above the Law, titled "Small Firms, Big Lawyers"
and "Size Matters." It also lists additional publications at the end of the article under
the sub-title "More Small Law Resources."
FISH & R I C H ARDSON P. C.
February 24, 20 II
Given that Lawyeri st is using " Small Law," which is nearly identical to our cl ient's
mark SmallLaw, to identify on-line publications in the field of legal news and legal
practice, we are concerned that such use will diminish our client 's goodwill in its
distinctive SmallLaw trademark, and cause the publ ic to mi stakenly beli eve that the
columns to be published by A bove the Law, as well as the other publications listed at
the end of Lawyerist' s art icle, may be connected or affili ated in some way with,
and/or endorsed or approved by, PeerViews in violatio n of United States trademark
and unfair competition laws.
We certainly anticipate that Lawyerist' s use of "S mall Law" was not intended to
cause public confus ion or to harm our client's intell ectual property. Accordingly, our
cl ient is interested in reso lving this issue with Lawyeri st amicably.
To this end, we hereby demand that Lawyerist immediately take down the article at
issue as it currentl y appears at http://lawyerist.com/above-the-law-goes-small-law/.
Lawyeri st is of course free to publish any revised articl e of its choosing to promote
the forthcoming columns of Above the Law, or any of the other publicati ons
identified in the arti cle, as long as any such revised arti cle does not use "Small Law,"
"S mall Law," or any other colorable imitati on thereof to ident ify o n-line publ ications
in the field oflegal news o r legal practice. In lig ht of PeerViews' ownership of the
SmallLaw mark we believe that thi s request is quite reasonab le.
Accordingly, we request your prompt response and agreement to the above terms
within seven (7) days from the date of this letter. We welcome the opportunity to
di scuss any questions you may have.
This letter is without prejudice to the assertion of any and all rights and remedies of
PeerViews, all of which are hereby expressly rese rved.
Kri sten McCallion
cc: PeerViews Inc.