Would this image/entry at Thinkgeek confuse you?
Prof. Rebecca Tushnet reports here on a doozy of a cease and desist letter: the Thinkgeek blog posted a non-existent April Fool's Day Unicorn Meat product and the National Pork Board responded with a cease and desist letter, details here.
Overreaching by TM and copyright owners really hurts owners who legitimately protect their brands and creative works. Note to lawyers: leave the fools alone on April 1.
Practice Tip: Chapter 6 of Copyright Litigation Handbook is titled "Cease and Desist Letters and Declaratory Judgment Actions". I cover the many pitfalls involved in sending cease and desist letters and the ample case law showing that many lawyers, a surprising number in big law firms, tend not to think carefully about the potential consequences before sending these letters. The "first to file" rule has some tricky exceptions. A cease and desist letter may be met with a declaratory judgment action in an inconvenient jurisdiction. 28 USC 2201. Try explaining that little surprise to your client.
Purchase Copyright Litigation Handbook from West here
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