Chapter 6 of my wiki book deals with the Court of PR obtaining more importance than the court of law.
Kevin O'Keefe writes:
"Mark Chandler, Cisco's SVP and General Counsel, is making wise use of Cisco's blog to respond to questions regarding Cisco's suit with Apple over Cisco's iPhone trademark. Chandler responds in a down to earth transparent fashion that's likely to influence bloggers, mass media, and the financial community who are covering the suit.
Robert Scoble says he's never seen blogging like this. Neither have I.
What takes me back is Scoble picking up on this unique use of a lawyer's blog while the legal blogosphere has been silent on Chandler's use of a blog."
Look at some of the wording from Cisco's Mark Chandler:
"So, I was surprised and disappointed when Apple decided to go ahead and announce their new product with our trademarked name without reaching an agreement. It was essentially the equivalent of “we’re too busy.” Despite being very close to an agreement, we had no substantive communication from Apple after 8pm Monday, including after their launch, when we made clear we expected closure. What were the issues at the table that kept us from an agreement? Was it money? No. Was it a royalty on every Apple phone? No. Was it an exchange for Cisco products or services? No.
Fundamentally we wanted an open approach. We hoped our products could interoperate in the future. In our view, the network provides the basis to make this happen—it provides the foundation of innovation that allows converged devices to deliver the services that consumers want. Our goal was to take that to the next level by facilitating collaboration with Apple. And we wanted to make sure to differentiate the brands in a way that could work for both companies and not confuse people, since our products combine both web access and voice telephony. That’s it. Openness and clarity. "
1 It takes a strong knowledge of blogging to have the confidence to use a blog in litigation.
2 The language is clear, open and avoids legal lease. Most lawyers would struggle with that.
3 Some negative comments have been made on the Cisco blog...To be expected but with the power of search engines and ease of publication, better to have speak on your blog than elsewhere. Overall the feedback is positive.
4 Could the blog influence perception of the litigation? Yes if enough bloggers support Cisco.