Intellectual Property Law

I Don't Think It's The Dumbest Trademark Demand Letter I've Ever Seen

By Marty Schwimmer

I mean, for sure, it seems to be one of those situations where no one would have ever learned of the sites GODLMANSACHS666.COM and GOLDMANSACHS13.COM, but for the demand letter, but the letter itself doesn't have the misplaced certitude, the overblown rhetoric, the baseless imputation of evil to the recipient, and over-all lack of self-awareness, that marks the truly dumb demand letter.

So I have to disagree with Marco here. I've read dumber. But Marco raises interesting points on 'client control,' a term that I don't like, as (1) it is not what our job is; and (2) it can't be done. We're in the effective guidance business. We identify options and predict outcomes of selecting those options.

So what would you have done?

BTW, see Lamparello v. Falwell; and Bosley Medical v Kremer.

Full post as published by Trademark Blog on April 17, 2009 (boomark / email).