Chicago Law Firm Sues Over Hyperlink To Trademarked Name 162
TheSpoom writes "Large Chicago law firm Jones Day are suing internet startup BlockShopper over the issue of whether linking to a business with their trademarked name should be legal. It would seem they are using trademark dilution as a tool to get BlockShopper to cease linking to their website. The EFF has filed an amicus curiae, as might be expected. If Jones Day wins this suit, anyone linking using a trademarked name may be in legal hot water."
Litigious bastards (Score:5, Insightful)
Jones Day [jonesday.com](TM) is going to have to get in line. SCO has existing use claims on linking litigious bastards [jonesday.com], based on their extensive use of the mark between 2002 through present.
It's too bad the legal system isn't more accessible to the common man or baseless suits with intent to crush or scare wouldn't get filed so often.
Lawyers :::sigh::: (Score:5, Insightful)
I say we give 'em what they want. (Score:3, Insightful)
You don't want us to drive traffic to your site? Fine by me.
How not to advertise your business (Score:5, Insightful)
So, let's get this straight. You'd like people to be attracted to your business, but you don't want them to use your Name....
Kind of defeats the point in having a website, really.
Re:How not to advertise your business (Score:5, Insightful)
No, no. They're fine with most people linking to them, just not the people they don't like. Unfortunatly, what they really want is the power to sue anyone who dares say bad things about them. They may as well make breathing illegal, that way anyone the police don't like can be charged and everyone else won't be.
Re:I say we give 'em what they want. (Score:3, Insightful)
Well, it's amazing, but there are still plenty of people left to be introduced to the Streisand Effect [wikipedia.org].
I say this should stand a strong advertisement that they are completely ignorant of how the web works, on both the original level of the case, and in the effect this latest press is giving them.
"Aren't you that famous law firm that tried to censor teh interwebs? It doesnt work like that, dude"
Yes. (Score:5, Insightful)
Large Chicago law firm Jones Day are suing internet startup BlockShopper over the issue of whether linking to a business with their trademarked name should be legal.
Yes, it should be.
"RPGs? Try White Wolf [white-wolf.com] or Wizards of the Coast [wizards.com]."
Trademarks exist to differentiate businesses. You have an ABSOLUTE RIGHT to use somebody else's trademark to refer to them or describe their product. Any law that says otherwise is fundamentally flawed, and violates the first amendment.
A trademark is a name, and names are fundamental to speech.
Re:I say we give 'em what they want. (Score:5, Insightful)
No doubt. If I, for some reason, had this law firm on retainer I would be looking for a new firm already. This whole fisasco has to make one question the firms grasp of technology and law. Worse, it makes it clear that they lack any forethought. Right or wrong, what did they think was going to happen when they filed this suit? Did they not think that it would end up plastered all over the internet?
If I were one of their clients I would be questioning their judgment right now.
Why are US lawyers behaving like utter idiots? (Score:2, Insightful)
We see a lot of nonsense of this kind, so this particular case is not in any way remarkable.
However, every time that such a case pops up, I find myself asking the same question: why are the lawyers who actually submit these suits on behalf of their companies such utter idiots that they allow it to happen, let alone instigate it?
"Because their CEO tells them to" is no answer, because lawyers are hired to give legal advice, not to say "Yes" --- in fact they have to give good advice as a professional responsibility. So why are they not saying "No John, we can't really do that, and not just because of the PR repercussions, but because of what it would entail if everyone did this on the net." And then explain how such things would simply destroy the Internet if successful.
Why is this not happening? Instead, the lawyer profession US-wide (and a bit beyond US boundaries too) is acting like IQ 20 submorons with extra helpings of stupidity and a total lack of social conscience and zero professional pride.
What's going on? I just can't understand this at all.
Re:Interesting site, BlockShopper (Score:5, Insightful)
Its not invasion of privacy to post publicly available information on the internet.
The purchase and sale of property is a mater of public record and are generally listed in the classified section of your local news paper. Taking that information and combining it with the results of a google search on the buyer or sellers name is certainly not invasion of privacy, though it might make you re-think the kind of info you put on line.
Im still not quite sure what the point of the web site is though.
Don't talk about me! (Score:3, Insightful)
Lots of companies seem to think that trademark is a blanket rule to prevent others from talking about you (consider that the NFL thinks you can't mention team names without their permission!). It doesn't help that there's the occasional idiot judge who upholds that kind of thing.
Re:Lawyers :::sigh::: (Score:1, Insightful)
Clients and money
Do you randomly fix people's computers for no pay just because that would be useful? Do you work for free because it is good or needed and refuse to work for pay?
Lawyers work for a client. They do not file suits on their own behalf. They follow the will of their clients. Blame the client.
Re:I say we give 'em what they want. (Score:3, Insightful)
This whole fisasco has to make one question the firms grasp of technology and law.
Especially their grasp of the law.
This is one case where a clearly correct analogy exists to print and broadcast media: If a print newspaper or broadcast news operation published the same information about the member lawyers, using their company name and giving their firm's contact information, they'd clearly be exercising "nominative fair use". The web site has clearly done exactly the same thin in a different medium.
In particular: How is this different from a print newspaper article delivered by FAX?
If a law firm wants to demonstrate competence when filing suits on its own behalf - especially when setting precedents where the outcome is virtually certain based on existing law - it should stick to those where the law is on their side. Such a firm should be advising their clients not to waste their time and money filing such losing suits. If they're willing to waste their OWN time and money in the same way what does that say about the advice they'd give a paying client?
Re:Why are US lawyers behaving like utter idiots? (Score:1, Insightful)
And why do programmers write such bad code? Why are developers pushing out programs that require patch after patch after patch after patch after patch.
Why aren't developers waiting until products are fully developed before they release them. "Because their CEO tells them to" is no answer. Developers are paid to develop solid, working programs, and not programs that crash and crash after each build.
The developer profession US-wide (and a bit beyond US boundaries too) is acting like IQ 20 submorons with extra helpings of stupidity and a total lack of social conscience and zero professional pride.
See what I did there? You're an idiot.
Re:Cleveland/Ohio Law Firm not Chicago (Score:2, Insightful)
I am just wondering about why the illogical label of "Chicago law firm" on Jones Day. When people talk about "Chicago law firm," people think about Kirkland & Ellis, Mayer Brown, MWE, Sidley Austin, Jenner Block, etc.
*Generally speaking. Law firms with niche practice will plug their location, administrative law/regulatory focused law firm will highlight their Washington DC office. IP law firms highlight their silicon valley office. Corporate law firm used to highlight their NYC/London offices, but who knows those day.
Re:Lawyers :::sigh::: (Score:2, Insightful)
The glamorization of specific events where the victim did something stupid and was awarding 10s of millions and doesn't have to work again might be a big draw for a lot of people.