Robert W. Zelnick was quoted in the February 2008 issue of Inside Counsel in an article regarding the use of trademark law to suppress online criticism. As a partner in McDermott's Intellectual Property, Media & Technology Department, Mr. Zelnick discussed the elements needed for a successful trademark infringement case including proof that the website is associated with the sale of goods or services and that use of the trademark confuses at least some of the plaintiff's potential customers. Mr. Zelnick noted, however, that, "people are afraid of losing their house in a legal proceeding, so the dominant response is to accede to the demands made of them. Very few of these cases hit a judge’s desk. The vast majority of law is being made outside judicial scrutiny."