Barney, Barney, is your mother from Killarney?

Originally posted 2006-12-08 11:28:03. Republished by Blog Post Promoter

Speaking of ugly fights implicating extinct species, Joseph Scott Miller reports on his Fire of Genius blog — no, he’s not the only one, but he reports it real good — that the EFF lawsuit against Barney and, kind of, his lawyers has been settled.

I feel a little bad about that, because I’m of counsel to the firm involved and, well, I wrote the original cease and desist letters and used to be in charge of the Barney campaign, if you must know. More than this, I cannot say.

But I don’t feel that bad about it because what better than a singing dinosaur with a person inside it and a bunch of crack IP-enforcement lawyers seeking only to do his bidding could provide better blog fodder? Nothing, I tell you.

Except that I have to say, it’s pretty obvious that the EFF spun the hell out of this outcome. Consider: They got far less than they spent on lawyer time — a piddling $5000 — and a motion to dismiss was pending and, most of all, they didn’t get an opinion making the world safe for jejune parody sites or even an injunction against a land war in Europe or even an admission of fault. So no, I don’t feel that bad at all.

By Ron Coleman

I write this blog.

One thought on “Barney, Barney, is your mother from Killarney?”
  1. […] It’s almost as if the claim of trademark dilution, regarding which we have long been very dubious, brings its own punishment:  It is now so relatively for a truly famous mark (such as Vuitton, who we have represented) to make meritorious a dilution claim and yet it is even easier to dilute a trademark on the Internet.  And the bigger the trademark the more dilutable… the more it cries out for dilution… the more lawyers and trademark owners trip over themselves trying to figure out what to do about it.  As this article demonstrates, they’re increasingly frustrated over their ablity to do anything as the truly anarchistic nature of the Internet defies enforcement regardless of budgets or ambitions. […]

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