Public Citizen’s Paul Alan Levy reports:
A few weeks ago, I commented on the efforts of mega law firm Jones Day to abuse trademark law to suppress articles it didn’t like on a real estate transactions web site, BlockShopper.com. Jones Day claims that linking to its web site without permission infringes and dilutes its trademark. Along with EFF and other public interest groups, we also filed a brief as amici curiae explaining why a case like this should have to meet a higher pleading standard, and why allowing cases like this to proceed threatens the free speech rights of the general public.
Earlier this week, the trial judge denied the motion to dismiss on the ground that the complaint contains the right formula of words to plead likelihood of confusion and dilution, without addressing the broader concerns that we raised. Paradoxically, the judge declined to accept our amicus brief (which Jones Day had opposed), largely on the ground that, supposedly, it did not say anything that the defendants did not say.
The opinion is worth reading as much for what it doesn’t say as for what it does. The judge ignores the larger issues and gives no guidance to the parties, not to speak of the rest of the world, about what proofs will suffice to create liability or confer adequate defenses. Of course, it is always up to a judge how much to say to explain his decisions, but this thirteen-page decision is quite remarkable for how little it says.
Welcome to the world of trademark law, Public Citizen!
Originally posted 2013-05-22 21:26:02. Republished by Blog Post Promoter
2 Replies to “Jones Day keeps chillin’”
What Jones Day Clients Think
Jones Day canâ€™t protect the logos of their clients. Companies like Chevron, Pfizer, or Bank of America (and dozens of others) have their logos prominently posted on WeBetrayAmerica.com. Theyâ€™re all a part of WeBetrayAmerica.com! All are associated with corruption, criminal activity, and terrorism against America: WeBetrayAmerica.com. But, maybe BNY Mellon, Halliburton, The Washington Post, or Ernst & Young (etc., etc.) profit from collaboration with terrorists and criminalsâ€¦and donâ€™t mind their logos on WeBetrayAmerica. But, maybe these same companies and others, JPMorgan Chase, Metlife, JCPenny, or TimeWarner (etc.,etc.) rant and rage at Jones Day to get their logos off WeBetrayAmericaâ€¦but Jones Day is just too flaccid and impotent to get it doneâ€¦so really, what good is Jones Day! And all these logos and more stay posted on http://www.WeBetrayAmerica. Itâ€™s no longer Jones Day, trademark protection litigators exemplarâ€¦but Jones Day, the Big Limp of the legal world. Imagine, website WeBetrayAmerica, written by a bucket-and-brush house painter, outsmarts and kicks the ass of Jones Day! Who needs Jones Dayâ€¦maybe all you need is Miles and his WeBetrayAmerica on our side.
Hackers try over 20,000 terrorist attacks to take out http://www.webetrayamerica.com cowardly , don’t you think?And who has such resources-20,000 attacks! Miscreants just hate honesty and truth. The world knows Jones Day exemplifies cowardness, corruption, and criminal activity; do you think …? WeBetrayAmerica.com streams on: freedom and liberty are alive. Check site and read how Warren Buffett does the Big Dance with Katharine Weymouth the Washington Post owner on Health-Care Reform. any question call me Mile 203-570-2214