Date: Sat, 12 Oct 91 11:27:58 -0400
From: cbmvax!uunet!grebyn.com!lojbab (Logical Language Group)
Message-Id: <9110121527.AA15355@grebyn.com>
To: cowan@snark.thyrsus.com, jeff_prothero
Subject: legal update
Status: RO

1. We just got the 'Appendix' which is the relevant portions of the court
record for the Appeal - about 1000 pages.  Must have cost JCB a good bit of
money, since he had to do 16 copies or so, and it isn't standard Xeroxing,
and he screwed it up the first time he submitted it and had to redo it.
Possibly his first significant expenditure in the case.


2. The court has decided to have an oral hearing, scheduled for 7 November
at 10AM.  Each lawyer gets 15 minutes to speak, usually interrupted by
questions from the judges.  I will be there, the lawyer expects that JCB will
also come (though that may be a money thing), but neither of us speak. 

3. I have told the lawyer that if he has an opportunity to informally suggest
it, that we should relay through JCB's lawyer a willingness to sit down and h
hash the whole dispute out after the hearing if JCB DOES come to town.  The
lawyer thinks JCB will give nothing and neither do I, but we also see no
reason to negotiate away our expected victory.  But I cannot let such an
opportunity pass without the hint of willingness, since I DO believe that if
we ever settle the dispute it will take face-to-face negotiations.  I'll
keep people apprised.

4. The cost on out side for the oral hearing and preparation will be another 
$750-1000, not small change, but we have little choice and the lawyer thinks
we will gain from the hearing (If we and JCB both agreed to waive the hearing
it could be avoided, but the lawyer doubts that JCB would be willing to do so
since he is trying to get his 'day in court'.)

5. The lawyer encouraged us to minimize discussion in JL and LK, which I edid,
after Nora talked me out of a longer piece.  He suggested that if we wanted to
put JCB on the offensive, we should consider a letter to Apple telling them
about 'MacTeach' and thus letting JCB feel what it is to be on the other side
of the trademark fence.  But neither he nor I know how aggressive Apple would
be about such a situation.  Any info based on your knowledge of the field.
(We also have one person who works for Apple on our lists, and can check on t
things that way).  I'm less than enthusiastic about such tactics.

6. Money continues to be a problem.  Less than $400 in so far on JL and LK,
which cost closer to $2000 - the bank account is getting dangeorusly low,
though I'm feeding my money in to cover for Jeff right now.  I hope you can
contribute some soon, Jeff.

Questions welcome.

lojbab