Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Dr. No and the Parade of Horribles

By Steve Baird® on March 5, 2009
Email this postTweet this postLike this postShare this post on LinkedIn

Dr. No is not only the name of a famous James Bond film, it is the would-be trademark of a dietary supplement company located in San Francisco, it describes a certain kind of politician, and most importantly, for purposes of this inaugural post for Duets Blog, it describes a certain brand of intellectual property lawyer. One we have a hard time relating to at cocktail parties, by the way.

The underlying personal brand promise for this lawyer is to say “no,” early and often, believing an enormous hourly rate is still justified by citing a multitude of technical and valid legal reasons in support of the unhelpful answer. He is obsessed with saluting to the Parade of Horribles. He is typically part of the problem, not the solution. Perhaps repeated frustration with this kind of Dr. No is what motivated one cartoonist to brand (uh, jab) the “trademark attorney” as “the most basic figure,” at least in the world of Art.

In our world and experience, clients don’t much care to hear all the reasons for “no,” they want, and are willing to pay for, help in legally getting to “yes.” So, in Dr. No’s world, instead of quoting Renee Zellweger’s famous line “You had me at hello” in the film Jerry Maguire, Dr. No’s clients find themselves saying, all too often, “You lost me at no.”

Seth Godin artfully reminds us in his “Looking for yes” blog post how important getting to “yes” is, especially when “you’re out to provide a service, or organized to deliver a product . . .” Unfortunately, too many lawyers think of themselves as “licensed professionals” with a license to repeat “no” and get in the way, forgetting they are selling a service, too. The world would be a better place if more lawyers adopted Mr. Godin’s sage advice.

Why might a lawyer not follow this advice? Laziness? Arrogance? Incompetence? Fear? Maybe.

In the legal world, some believe it is simply easier to say “no,” as there is never a shortage of possible reasons to support “no.” Telling a client “no” is considered by Dr. No to be safe advice. After all, clients can’t get into trouble if they don’t act, and if they disregard the “no” advice and get into trouble, Dr. No can always remind, “I told you so.”

Actually, neither avenue paves the way for a strong attorney client relationship, much less an effective collaboration. If clients are paralyzed by a lawyer’s advice, they can’t succeed. If a lawyer has to pull out the “I told you so card,” that ought to be a brief representation. Some things are best left unsaid.

Does all this mean a lawyer must be a “rubberstamp” or “doormat” to avoid having Dr. No branded on his or her forehead? Does it mean that a lawyer can never utter the words “no,” “nein,” or “negatory”?  Uh, no, no, no, and no.  Whew!

In our world, it really comes down to trust in the attorney/client relationship. Trust is earned over time with advice that proves helpful. Intellectual property lawyers who demonstrate an ability to know a client’s business well enough to be part of solutions (not simply issue-spotters) are valuable to any organization and deserve a place and important role wherever the creative process occurs. Dr. Nos are a dime a dozen.

If you are a lawyer and you find yourself getting in the way more than facilitating the process, you need a regular dose of Duets Blog. If you have no formal legal training and your intellectual property lawyer prefers roadblocks over intelligent collaboration, join our conversation on Duets Blog.

Photo of Steve Baird® Steve Baird®

View my professional biography

Just so you know, I’m all about brands and the law, both professionally and personally. I regularly annoy family and friends in retail stores by focusing on product labels—not to buy the product, but to read the fine print…

View my professional biography

Just so you know, I’m all about brands and the law, both professionally and personally. I regularly annoy family and friends in retail stores by focusing on product labels—not to buy the product, but to read the fine print and ask, “Who owns these brands” and “Did they really register those marks?” To understand the depth of my passion for brands and helping clients achieve their business goals, legally, you must understand that my interest in business and branding goes back to the late 1960s. The very first brand I recall profiting from was Jiffy®. Even before being old enough to deliver papers for the Iowa City Press Citizen, between episodes of Bewitched®, I would bake cupcakes and walk my finished product door-to-door, sampling along the way, of course, throughout our Kimball Road neighborhood, mostly selling them to husbands whose wives didn’t bake enough (probably watching Bewitched®), according to them at least. One hundred percent profit margins are easy when you can use the necessary equipment and raw materials directly from Mom’s kitchen. Mass producing “hot pads” (pot holders, not real estate) and selling them door-to-door was another favorite childhood business venture at the ripe age of six. Graduating to lawn-mowing age worked well with my paper routes because I could easily see who needed help cutting their grass and, in some cases, avoiding neighborhood ridicule. Yes, you’re right, Dad loaned me his Lawn-Boy® mower on weekends, rent-free, and even bought the gasoline (Dad was not brand loyal at all with gasoline, so I have no brand memory there). Another pure profit opportunity. Let’s just say that Mom and Dad were generous, unsecured investors in my development and future. Thanks Mom and Dad, I now understand the meaning of overhead and capital improvements! I bucked a lot of family tradition and jokes to become a lawyer and a trademark guru. There is not one lawyer in the family tree, as far as my sister knows (and she would know). Nearly everyone is, or was, a teacher of some kind. That must be where my passion for educating others about the legal implications of branding comes from. Basically, I have been speaking about the legal implications of branding since the early 90s, after permitting my pharmacist’s license to expire (after being a victim of an armed robbery where Dilaudid® was on the top of the gunman’s list of desired controlled substances), and shortly after working for an 86 year old federal judge whose chambers had a nice view of the White House in Washington, D.C. While I’d like to say that the movie My Cousin Vinny inspired me to become a lawyer, it was released two years after I graduated from law school. So, really, I guess it just inspired me to be a better lawyer and leader. For now, you can call me a “thought-leader” in the trademark world, and the thankful leader of a very talented group of creative and insightful lawyers and staff who are dedicated to putting our intellectual property clients in the best possible position to achieve their business goals. When I’m not in the office, “cracking the whip,” making sure others in the group keep their bios on this blog short and sweet, working (which isn’t to say I’m not still thinking about my clients’ businesses), or soaking it up in the hot-tub with my soul-mate, I am a dedicated family man – a.k.a. the chauffeur. Until they reach the driving age, I’ll continue to shuttle my four wonderful kids around to their athletic and other events, at which you can find me cheering in the stands.

Email
Show more Show less
  • Posted in:
    Intellectual Property
  • Blog:
    DuetsBlog
  • Organization:
    Winthrop & Weinstine, P.A.
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo