hothead legal workers

[typist]

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]

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]

They want those $2 parking earnings too

greedy they are...

modesty would suggest sharing your profits.

[typist]

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/200...6/wilcox.shtml

Baker Hostetler has made this article available in pdf here:
http://www.bakerlaw.com/PublicDocs/N...une%202006.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...]

[Brett Lewis]

What the hell is this nonsense?!!! Hotheaded lawyers? Where?!!! Who do I sue?


Brett E. Lewis, Esq.
www.lewishand.com

[Acro]

I usually wait till happy hour on Friday.

[Dave Zan]

What the hell is this nonsense?!!! Hotheaded lawyers? Where?!!! Who do I sue?


Brett E. Lewis, Esq.
www.lewishand.com

You're not getting hotheaded, are ya? :-D

[Brett Lewis]

You're not getting hotheaded, are ya?

What?

Are you talking to me? ARE YOU TALKING TO ME??!!!

Brett