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hothead legal workers

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typist

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I've just submitted yet another C&D email to chillingseffects.org: a surprisingly emotional mix of fanciful allegations, strange inconsistencies and hopeless implausibilities, sometimes bordering on libel.

The author of this work is a corporate legal department employee with a major European regional bank. Probably my newfound acquaintance is proud of his employers' brand, and ready and willing to defend it against the pirate villains he sees everywhere - particularly on the dangerous internet. I can only speculate that he imagines his perceived enemies as teenagers deserving a slap, who would not dare to leave their boys' room to rebutt his claims.

Still, reading his letter again, I'm trying to understand why a legal professional would want to publish such unfounded bloviations, seeking a wide distribution by cc:ing as many of his co-workers as possible, and creating a farce which may jeopardize his professional reputation. I found this insightful article by Bret Fausett, published some years ago, addressing the same question:

The Internet [...] has produced an unprecedented set of conflicts [...] While no one doubts that intellectual property owners have reason to fear the widespread piracy of their works, not everything that moves is a pirate. Cease-and- desist letters and lawsuits directed at fair use or innocent mistakes can have a quick and lasting negative impact on your company's reputation [...]

Every time one of these legal actions backfires against an overreaching lawyer and his or her client or company, I always ask myself, "What were they thinking?" The answer usually turns out to be that they weren't.


http://www.webtechniques.com/archives/2001/05/legal/
 

denny007

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I also got funny C&D last week:
Accordingly, xxx Inc. requires that you....
(iii) remit to the Company the amount of profit you made...

They want those $2 parking earnings too :)
 

typist

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RESIST CEASE & DESIST: No, this isn't an illegal underground movement trying to undermine the rule of law, but a very interesting article, written to appeal to the perspective of a business owner.

Business Law Today
Volume 15, Number 5 May/June 2006

Resist Cease and Desist
A lighter approach may work better with trademarks
By Deborah A. Wilcox
Every day, legally protected trademarks are used without authorization by a company's competitors, customers, critics and counterfeiters. The trademark owner's instinct may be to take immediate legal action by way of a "cease and desist letter," commonly referred to as "C&D." Yet, this may not always be recommended.

http://www.abanet.org/buslaw/blt/2006-05-06/wilcox.shtml

Baker Hostetler has made this article available in pdf here:
http://www.bakerlaw.com/PublicDocs/News/Articles/ABA Bus Law Today Wilcox MayJune 2006.pdf

[I hadn't heard of Baker Hostetler, and when I saw this URL, I immediately thought "oh, did Baker & McKenzie, whom I've been doing business with, finally scrap their domain bakernet.com". Confusing, these marks...]
 

Theo

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I usually wait till happy hour on Friday.
 
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