Forever Pointlessly Litigious

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11 Responses

  1. Jerry says:

    Nice! Way to put your money (or time, same thing) where your mouth is.

  2. Mick says:

    Bravo! Thanks for being willing to step-up and offer this type of help to the little guy.

  3. Vice Magnet says:

    Huh, reminds me of United.com versus Untied.com. Somehow I don't think they like each other.

  4. Bruce says:

    Being snarky and grumpy isn't really that hard in the modern world.

    Putting your money where your mouth is – that is rare and precious.

    Well played, sir. Well played.

  5. andrews says:

    Sometimes the best defense is a good offense. Occasionally you read of someone who gets one of these silly C&D letters, and who interprets it as being truthful as to the likelihood of litigation. Instead of waiting to be sued wherever the bully is, they bring a dec action right where they are, letting the bully travel cross-country.

    While I do not generally practice in that area of law, I have to endorse the practice as having advantages.

  6. Scott says:

    Bravo indeed!

  7. CrazyTrain says:

    AntiSLAPP would not apply to a federal trademark claim.

  8. Ken says:

    True. But often trademark claims are susceptible to 12(b)(6) motions at the same time. And throwing out the pendant state claims takes the wind out of the plaintiff's sails. See, e.g., this.

  9. Base of the Pillar says:

    Speaking of declatory judgments, there's an interesting article today about the NYTimes and OpinionLabs going after a patent troll (Lodsys) who has been threatening small app developers with infringement (but never going after, say, Apple or Google). Today, they each filed declatory judgments in California and Illinois respectively, trying to keep this shit out of the cesspool that is The Eastern Texas State of Litigation Fuckwads.

    Seriously, they are on a list of places we need to eradicate. An entire local industry based on litigant friendly patent lawsuits. Unbobdamnedbelievable.

    http://www.engadget.com/2011/06/14/new-york-times-opinionlab-sue-lodsys-seeking-declaratory-judgem/

  1. June 21, 2011

    [...] it makes it a little bit easier for each and every one of us to stand up to bullies," writes Ken at Popehat about the blogger who runs a site making fun of some of the wares of the fashion chain Forever 21, [...]

  2. June 21, 2011