Best Buy Hands Out Cease & Desist Letters for Christmas

arrenlex writes "Improv Everywhere, a NY-based comedy group, was served a Cease & Desist notice by Best Buy for selling 'improv everywhere' shirts modeled after the blue Best Buy uniform. But that's not the interesting part. From the blog post: 'Here's where the story gets interesting. Today, Best Buy sent a C&D to our friend Scott Beale over at laughingsquid.com threatening legal action unless he removes the blog post referencing our shirts! They're threatening to sue someone for just covering the news story of the shirts!'"

Comments

BestBuySux

[hansamurai]

I'd point out bestbuysux.com right now but unfortunately it's not around anymore. It was such an awesome resource of testimonials and other crazy things Best Buy was doing.

Re:BestBuySux

[TheGeneration]

Can you send a C&D regarding C&Ds?

Re:BestBuySux

[Anonymous Coward]

wayback machine ftw:

http://web.archive.org/web/20070410022442/www.bestbuysux.org

well for old entries anyway.

Re:BestBuySux

[Nullav]

Yes, they're called counter-notices and (as far as I understand) the only recourse after receiving one is to take legal action. Though the 'under penalty of perjury' claus probably discourages people from using these handy tools.
A nice template for such a notice can be found at http://www.cs.cmu.edu/~dst/Terrorism/form-letter.html.

Re:BestBuySux

[Anonymous Coward]

Best Buy... The place where child beaters work

Re:BestBuySux

[Wanado]

...Terrorism/form-letter.html You can't fool me, I won't fill out that form!

Re:BestBuySux

[Thuktun]

Yes, they're called counter-notices and (as far as I understand) the only recourse after receiving one is to take legal action. Though the 'under penalty of perjury' claus probably discourages people from using these handy tools.
A nice template for such a notice can be found at http://www.cs.cmu.edu/~dst/Terrorism/form-letter.html. That's a counter-notice to a DMCA take-down notice, not a C&D.

Are they going to go after the T.V. Show "Chuck" ?

[tmroyster]

Buy More is such a rip of Best Buy.

Fuck Them

[MistaE]

No court in a million years would honor a C&D sent to a news site covering a news story in good faith. This is what Fair Use is all about, regardless of which Intellectual Property we're talking about.

In fact, this is the kind of shit I want to see taken to court in the hopes that a judge will give punitive damages to the company that abused the C&D.

Re:Fuck Them

[Anne_Nonymous]

>> punitive damages to the company

Yeah! I hope the lose their shirts.

Re:Fuck Them

[Anonymous Coward]

In fact, this is the kind of shit I want to see taken to court in the hopes that a judge will give punitive damages to the company that abused the C&D. Who knows? It might be that Best Buy will send a C&D to Slashdot for covering the website that was covering the shirt. Or even worse, they'll send it for the dupe!

Re:Fuck Them

[Apple Acolyte]

Courts don't honor C&D letters. C&Ds are sent to meet the requirement of giving notice to a party before filing suit against said party. You may be thinking of an injunction.

Re:Fuck Them

[sepluv]

...or maybe arrenlex is the codename of a Best Buy employee who submitted it to /. to bring down the site without legal action. Best Buy will now inform the owners that the DOS attack will only be stopped when all mention of their shirts is removed.

There are no Best Buy shirts.

Re:Fuck Them

[neoform]

I believe the constitution is quite clear on the whole 'freedom of the press' type thing. Reporting on any current event, even in bad faith is quite legal.

Re:Fuck Them

[MistaE]

Yeah that's what I was thinking. I should have said that I hope that a court would find the C&D lacking proper notice (coupled with the lack of any actual pleading) to such an effect that they would immediately grant summary judgment on an injunction hearing for the defendant.

Re:Fuck Them

[fahrbot-bot]

I believe the constitution is quite clear on the whole 'freedom of the press' type thing

Congress shall make no law ... abridging the freedom of speech, or of the press; ...

The First Amendment has nothing to do with individuals or corporations abridging the freedom of the press, just the Government.

Re:Fuck Them

[networkBoy]

We've had this argument before:

You host can censor you. While possibly unfair, that is not a breach of the first amendment.
Someone can pay you to remove content. Assuming you consent to the "bribe" that is not a breach of the first amendment.
Someone can *not* sue you for speech, as that uses the courts(a branch of the government) to silence you, and that is prohibited by the first amendment.
-nB

Re:Fuck Them

[tommertron]

Yes, but that means that corporations can't go to court to get someone to stop staying something they don't like, because the court is a part of the government, and that would mean the government is abridging someone's free speech. Best Buy is entirely within its rights to kick you off its own property for criticizing them or pretty much saying anything they don't like, but they're not allowed to go knocking on your door and telling you not to say something. Well, I guess they're allowed to, but you don't have to obey them by law.

Re:Fuck Them

[Stanislav_J]

I believe the constitution is quite clear on the whole 'freedom of the press' type thing.

The Constitution? Is that thing still around?

Re:Fuck Them

[WwWonka]

The simplest solution to this outrage is to simply BAN BEST BUY in your life. simple.

Make it a habit to look elsewhere first, such as Newegg.com, compUSA...oh wait...seriously though. The first step to showing an out of control CORPORATE entity that they have stepped out of bounds is to stop shopping there. I no longer shop at Best Buy nor Walmart anymore and at every opportunity inform others. If 1 out 10 people whom I have talked to stops purchasing at these places then I can think of no better way to show contempt than through their pocket books.

Re:Fuck Them

[pilgrim23]

I alread recieved a C&D notice form myself to stop the unjustifiwed spending of REAL MONEY at Best Buy. One Bate and Switch experience, and one laserprinter that stopped workign before the first ream. Cheaper web based merchants will now have all my business,. Soon the big boxes right after the blow out, out of business sale, will become the latest paint ball arenas and blue shirts will be in fashion once again.

Re:Fuck Them

[Mr. Underbridge]

In fact, this is the kind of shit I want to see taken to court in the hopes that a judge will give punitive damages to the company that abused the C&D.

Yeah, it should be illegal to try to stifle free speech by threatening a SLAPP. Particularly when, as in this case, the SLAPP threatened by the C&D would have absolutely no legal merit

Re:Fuck Them

[EvanED]

Reporting on any current event, even in bad faith is quite legal.

That depends. If you're reporting on someone, and say something false in bad faith, that could very easily be libel or slander.

Re:Fuck Them

[Fulcrum of Evil]

Someone can *not* sue you for speech

Sur they can. Ever heard of libel?

Re:Fuck Them

[cayenne8]

"The simplest solution to this outrage is to simply BAN BEST BUY in your life. simple."

Well, to be fair, BB does have its purpose.

I like to see and hold things I want to buy, if possible, in meatspace....just to make sure I like and want that item.

I then go home, and order it online for free shipping, no tax (about 9% down here), and in a week or so, I have it. Not to mention, ever since I was a kid, I just loved getting things in the mail....

Re:Fuck Them

[networkBoy]

I was assuming the context of the discussion would narrow the scope down a bit...

But in your vein, the government does censor speech as well, try saying bomb (not I have a bomb, just bomb) in an airport and see how far that goes with the TSA (a government agency).
-nB

Re:Fuck Them

[ehrichweiss]

Ever heard of mod parent -1 Redundant?

Re:Fuck Them

[Nerd4News]

I'll admit that mayby I missed something over the past years but when did send an email become a way to serve legal notice of anything? I would have thought that serving a legal notice would have to be done in person or at least via registered mail.

Re:Fuck Them

[jonadab]

> Someone can *not* sue you for speech, as that uses the courts (a branch
> of the government) to silence you, and that is prohibited by the first amendment.

This is incorrect. Someone *can* sue you for speech, or try to at any rate. Whether they'll get anywhere depends on various stuff. For instance, if they can make a coherent argument that your speech might be considered libelous, they'll probably be able to successfully drag you through the courts, and if they can make a _convincing_ argument that your speech _is_ libelous, they can potentially win the case. Libel is not the only kind of speech that they can successfully sue you for, either. Copyright and trademark violations are another example. Fraud is another (and one you can even be prosecuted for criminally, though generally you only will be if you cost the victims something tangible).

When the first amendment says "speech" and "press", it is, in context, clearly talking chiefly about political expression, not absolutely anything that anyone could ever say or write.

Re:Fuck Them

[Shakrai]

try saying bomb (not I have a bomb, just bomb) in an airport and see how far that goes with the TSA

Saying "bomb" by itself shouldn't get you into trouble (will it is another question). Saying "I have a bomb" obviously will. Saying "I think we should be allowed to bring bombs on airplanes", should be protected speech -- you are merely expressing an opinion.

I suppose they could ask you to leave the airport (private property and all that) but I don't see how you could be arrested for that. Of course they probably would anyway but I'd love to see them make the charges stick.

Re:Fuck Them

[SpaceLifeForm]

I think they want to. They were part of the management
rah-rah scheme to 'improve everywhere'.

Re:Fuck Them

[Spazmania]

Courts do indeed "honor" cease and desist letters. As you point out, they do it by entering an injunction against the recipient upon the request of the sender. And as the OP pointed out, no US court would find fault or enter an injunction in the described circumstances, at least not if the defendant bothered to show up.

Letting tech folks like ourselves get tied up in the legal process details can lead to errors in judgment. We think, "Technically I did X, not Y so I'm not really guilty." Baloney. Put it in front of a judge and the response is generally, "Your actions speak for themselves. Stop wasting my time."

Re:Fuck Them

[Spazmania]

Sur they can. Ever heard of libel?

Yeah, it has to do with the written word. Slander, on the other hand, relates to speech.

Re:Fuck Them

[tieTYT]

No court in a million years would honor a C&D sent to a news site covering a news story in good faith. This is what Fair Use is all about, regardless of which Intellectual Property we're talking about.

Speaking of which, aren't the shirts themselves safe from the courts too? I would think this falls under "parody".

Re:Fuck Them

[Anonymous Coward]

Amen! They were probably apologetic to avoid getting sued. They should be sued for time and costs incurred to respond to an evidently frivolous notice, not having done sufficient due diligence to know the site was not infringing on their rights. I think it's against the law to send threatening letters to people on who aren't infringing on your rights.

Re:Fuck Them

[Fulcrum of Evil]

they're both speech.

Re:Fuck Them

[mOdQuArK!]

What if McCain was singing "bomb bomb Iran" in an airport?

Re:Fuck Them

[Rogerborg]

That'd be a civil suit, Mongo. The government isn't a party to it.

Re:Fuck Them

[Fulcrum of Evil]

And my parent was talking about 'someone'. Not specifically the gub.

Re:Fuck Them

[Lunatrik]

Geek Squad: Topless edition! Pornography everywhere... oh, wait, too late :)

Re:Fuck Them

[JackieBrown]

It was a signed email

Re:Fuck Them

[devilspgd]

I suppose they could ask you to leave the airport (private property and all that) but I don't see how you could be arrested for that. Of course they probably would anyway but I'd love to see them make the charges stick. Try it. I dare ya.

Re:Fuck Them

[TapeCutter]

There are signs at Tullamarine airport in Melbourne Australia that indicate a $5K fine for 'joke' comments about bombs or terrorists. I imagine in the US they just shoot you on the spot but over here the gaurds don't have guns and their beagles are sniffing for apples.

Re:Fuck Them

[shentino]

That's actually a good question...

9/11 changed a lot of things!

Re:Fuck Them

[Khyber]

Too bad 'bomb' means "Fuck You" in Polish. So what happens when a Pole says that to a TSA agent when he illegally asks to search the bags? (TSA = government, airlines = private. government has no right to search anything for a private business to circumvent the 4th amendment)

Re:Fuck Them

[Anonymous Coward]

unfortunately, the court that will be hearing this does not exist in a million years. it will be heard in the US.

(there are two ways to read the above. both are true.)

Re:Fuck Them

[Anonymous Coward]

See Campbell v. Acuff-Rose Music and fair use doctrine.
Parody is allowed.

Re:Fuck Them

[quest(answer)ion]

okay, i think i understand the point you're trying to make, but there's a weird logical leap happening in your post that kinda fogs things up.

that means that corporations can't go to court to get someone to stop staying something they don't like, because the court is a part of the government, and that would mean the government is abridging someone's free speech. free speech is about the government not--on its own initiative, and through its mandate to make and enforce laws--infringing on an individual's right to freely express him/herself. yes, by taking a matter of speech such as this to court, a corporation is involving the gov't, but one branch of the government is serving to essentially mediate a dispute between two parties in accordance with law, in a proceeding that's designed to protect the interests of both parties, no matter who is at fault.

i understand that what you're getting at is that the corporation is being heavy-handed by asking courts to enforce its side of the dispute against the individual, and given that a corporation has much vaster resources and ability to bring such legal action to bear, there is a huge, and probably profoundly unfair, power disparity here.

but.

it does not follow by any means that the government as a whole entity is stomping on anyone's right to free speech by being involved--granted, that's a matter of interpretation, but look at it this way. the courts exist as a brake on powerful organizations, to prevent C&D letter-like problems from being taken care of by henchmen in dark alleys. perhaps an extreme example, but that's the role the courts are meant to play.

Re:Fuck Them

[Bombula]

The truly asinine thing here is that the moronic executives at Best Buy don't recognize fantastic free advertising when they see it.

Re:Fuck Them

[Grimbleton]

Back when I worked at the Pittsburgh International Airport (May '05 to July '06) I used to routinely refer to bombs, airplanes crashing, etc., well within the hearing range of the TSA jerkoffs always patrolling. Every time I got a roll-eyed "Yeah, stick it up your ass" look from them. I guess it helps (not racist) that I'm an Aryan dream. (Blond, blue eyes, fair skin)

Re:Fuck Them

[Spazmania]

There are some who would argue that if I fart and fan it in your general direction, that too is protected speech. They might even be right.

Re:Fuck Them

[Spazmania]

As the operator of whitehouse.net, I'm intimately familiar with parody and fair use.

The video and pcictures of their prank? Wonderful. Easily defended as parody. The special edition set with included best-buy shirt? Yeah, that probably gets a pass. Call it gray-zone. The shirt as a standalone, context optional? Sorry, that's pretty obvious infringement.

Not that I'd call Best Buy's lawyers smart given the Streisand Effect, but legally I'd have to side with Best Buy's position.

Re:Fuck Them

[WK2]

Reporting on any current event, even in bad faith is quite legal.

Unless you are reporting that CSS (content scrambling system) has been cracked.

I believe the constitution is quite clear on the whole 'freedom of the press' type thing.

Yes, it is clear. But money trumps constitution.

Re:Fuck Them

[arootbeer]

and requested a read receipt

Re:Fuck Them

[JPriest]

Laughingsquid posted an update. Best Buy Apologized for the C&D.

It isn't like BB sent it in error though, here is a quote from Laughingsquid's original C&D post:

"One thing I wanted to mention is that before posting this C & D letter, I called the Best Buy attorney who sent it to confirm that they really meant to send it to a blogger who was just reporting on another blog post. They insisted that I was "promoting, not reporting" and that the demand letter was valid."

Re:Fuck Them

[eonlabs]

Damn, that makes me laugh SO hard...

Congrats, you won the best comment I've seen on slashdot ever award.
Your prize: CONGRATS!

Re:Fuck Them

[LeoHat]

But only if your mother was a hampster and your father smells of elderberries.

Re:Fuck Them

[Richard_at_work]

The First Amendment says 'Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.' - unfortunately, settling a dispute between two parties within a court room does not involve making a law.

Re:Fuck Them

[Rogerborg]

Your selective quotation amazes me. Are you active in politics?

Re:Fuck Them

[tommertron]

But I still think the first amendment (caution, I'm not an American, so I'm not an expert), in spirit, applies to court decisions. Since a court decision is essentially a law, then a court shouldn't be able to make a ruling that violates someone to free speech. Again, if I go to a public square, and I say I hate Best Buy (but not slander them), and Best Buy sued me to get me to shut the hell up, I don't think it's constitutional for a court to side with Best Buy, and essentially use government force to shut me up.

Surely this is in the spirit of the First Amendment, no?

Re:Fuck Them

[Anonymous Coward]

In fact, this is the kind of shit I want to see taken to court in the hopes that a judge will give punitive damages to the company that abused the C&D.

It isn't just Best Buy. Take many products today, IBM, Sun, HP, on and on does not mater. They all have teams of people scouring the web for people that have stories that shed some bad light and that a C&D order will shut them up. And while you could fight it, few have the financial resources to fight and win. Winning such a case is easy with money. But I and others don't have an extra $100K kicking around.

And all a vendor has to do with a magazine, place an advertisement in it and bad stories get squashed.

Re:Fuck Them

[Anonymous Coward]

was at best buy the other day with a friend buying a car stereo. saw that the sales person was using BBY.COM to get prices for items not the consumer accessible bestbuy.com. I seem to remember a story about how best buy was using this page to cheat consumers out of sale prices.... might they still be up to there old tricks.

Re:Fuck Them

[squiggleslash]

I'm pretty sure the court system is part of the government.

Re:Fuck Them

[Nerd4News]

But there are any number of reasons why an email may not get delivered. Email delivery is not guaranteed. And I never acknowlege read receipts. I guess my question still stands. How (or why) can an email be considered a way of serving legal notice?

Re:Fuck Them

[SomeoneGotMyNick]

...where clicking the button rejecting the Read Receipt request is considered "fleeing" and makes you a flight risk.

Re:Fuck Them

[daninspokane]

...and implies you pirated your copy of Vista AND that you download MP3's...provoking the RIAA's Death Squad and shutting off your windows.

Re:Fuck Them

[fatphil]

I was speaking to my (Finnish) boss about his (French) boss as we were about to take a business trip from Finland to France. In Finnish, 'boss' is 'pomo', and 'bomb' is 'pommi', but I didn't know that at the time, and I happily mispronounced everything. I wondered why my bomb was very twitchy, but he didn't want to explain it to me while we were in the airport. At about that point, I received an SMS from my girlfriend, for whom, in the context of sending or receiving SMSs, my nickname is 'bomb' (simple puzzle - can you now guess what her name is?), which I vocalised. My bomb told me he never wanted to fly with me again...

Re:Fuck Them

[Arancaytar]

The legal charges might not stick. The taser charges would pack a punch though.

Re:Fuck Them

[Anonymous Coward]

(TSA = government, airlines = private. government has no right to search anything for a private business to circumvent the 4th amendment) You have no right to fly. If you wish to fly, you must follow the rules. It's not that hard to understand.

Re:Fuck Them

[AndersOSU]

I've got to disagree with you there. Flying is in fact optional. By choosing to fly, you consent to the search. You can decline to be searched, but then you can be denied entry. Same deal with nightclubs.

IMHO we should go back to private security, but regardless of who is doing the search the fact remains that you consented.

You'd have a much stronger case arguing against metal detectors in schools or courthouses, places that people are actually legally compelled to go, but somehow in those cases security has triumphed over liberty.

Re:Fuck Them

[Zencyde]

... and shutting your curtains as well!

Re:Fuck Them

[e-scetic]

Does Best Buy actually have a trademark on blue polo shirts with *any* yellow logo? I seriously doubt it.

The might have trademark on blue polo shirts with *their* logo, but not shirts that are blue, have yellowish logos or even have parody logos.

Re:Fuck Them

[operagost]

Sorry, but your humorous exaggerations on US airport security don't hide the fact that you get a frickin' $5,000 fine for a joke in Oz, but not in the USA. FAIL

Re:Fuck Them

[Attila Dimedici]

In the US, a court decision is explicitly not a law. Laws may only be created by Congress. However,in the example you give, in order for Best Buy would have to show in court what law you were breaking in order to get the court to order you to stop. Since such a law would violate the First Amendment, the outcome would be the same as what you theorized.
So to summarize as relates to this thread: in order for Best Buy to get you to shut up, it must show in court that you have violated the law. The court does not just say, "We think that what you are doing/saying is wrong, so stop it." The court must say, "what you are doing/saying violates this particular law, so stop it."

Re:Fuck Them

[Anonymous Coward]

The fact that it was published online shows it was delivered. Sure it's not foolproof and the recipient could delete it and pretend it was never received, but even a certified envelope could be claimed to be empty. The point is, the recipient responds, then you know it was delivered. If they don't, you get someone to serve them, so there's proof of delivery.

Re:Fuck Them

[Spazmania]

They have a trademark on their yellow price-tag logo on a royal-blue background. And a copyright on the shirt/logo combination vested as soon as they made the first one. Would you seriously argue that the Improve Everywhere version is not a derivative work?

Re:Fuck Them

[e-scetic]

I would, yes. Wish it were me, I'd love to take it to court.

Re:Fuck Them

[AgentSmith]

IANAL. I think when companies issue a C&D letter it is a required attempt to protect copyrighted material.
Even if it's a grey area.

Let's say someone likes your product or logo. They make a parody of it which is extremely close to your copyrighted logo and they make money on it.
You might not do anything about the parodied work. It's good for business, nice homage etc etc etc.

The law doesn't see it that way.

Loosely paraphrasing the law, if you don't enforce it[Your copyright] you lose it.
In non profit corporations I have worked for the in the past, this is how the attorneys referred to it.

Anyone with knowledge of copyright law could probably provide more details refuting this.

Re:Fuck Them

[Headcase88]

If the gov't can't wipe the constitution and replace it with tyrannical laws, the terrorists win.

Re:Fuck Them

[HappyEngineer]

You would be right if all airlines colluded to come up with a uniform security policy that was required for all travelers. But, any rules made by the federal government are in total violation of the commerce clause. Yes, the commerce clause is dead, but until it's repealed from the constitution, it's perfectly correct to say that the federal government has no right to make these rules.

What is Best Buy thinking?

[log1385]

Honestly, what does Best Buy have to lose if they let someone print shirts that look like their shirts? All they're going to get is bad publicity by asking these guys to C&D. Even worse, they're trying to keep the story off of the internet, which is impossible, as evidenced by the fact that it is here on /.

Re:What is Best Buy thinking?

[__aaclcg7560]

They don't want someone wearing the shirt to enter the store to pretend to be an employee. The customer might think they're getting excellent customer service from an imposter.

Re:What is Best Buy thinking?

[GwaihirBW]

Heh. So true.

However, you don't need the shirt to pull that off . . . I get asked if I'm a manager (or people assume that and launch straight into asking a store question) at virtually every large store in which I shop. I have on several occasions now had *employees* assume I was a manager. It's kinda amusing when the aisle you're in turns into a helpdesk . . . (I do tell people "actually, no, I don't work here" but then do my best to answer their question, as I often can)

Re:What is Best Buy thinking?

[Lurker187]

They don't want someone wearing the shirt to enter the store to pretend to be an employee. The customer might think they're getting excellent customer service from an imposter. [obvious mode=on] Well, if they're getting excellent customer service at BEST BUY, then it has to be an impostor! [obvious mode=off]

Re:What is Best Buy thinking?

[Bryansix]

The customer might think they're getting excellent customer service from an imposter.

In fact this already happened. They had like 50 people standing around a Best Buy in these shirts and kakhi pants. Please note that if you ever get excellent customer service from Best Buy it is probably from an imposter since Best Buy only employs Frat Boys and Thiefs both of which know only one thing each. That is how to drink a lot and pick up women on shift for the former and how to steal in new and creative ways for the latter. I especially liked the story about how an employee stole a TV but left the box filled with bricks and plywood so it felt the same weight. This box was later sold to somebody at full price. They took it back and were refused a refund.

Re:What is Best Buy thinking?

[__aaclcg7560]

This box was later sold to somebody at full price. They took it back and were refused a refund.

During the holiday season at Wal-Mart, I see people buy these huge TV sets that can't possibly fit into their little car and discard the boxes in the parking lot. I'm not surprised if someone tried to return the box and the store didn't check the actual contents.

Re:What is Best Buy thinking?

[Bryansix]

No, the store always checks the contents. That is why the refund was refused. This is just another day at Best Buy with their "employee shrink" in effect. Best Buy employs more criminals then most Drug Cartels.

Re:What is Best Buy thinking?

[thestuckmud]

What does Best Buy have to lose? Their trademark. It is called trademark dilution.

I'm no fan of best buy. Sending scary letters to quash news of this is reprehensible. Still, a trademark that is not actively enforced can be lost. That's how business works in the land of the free.

Re:What is Best Buy thinking?

[KevinKnSC]

Honestly, what does Best Buy have to lose if they let someone print shirts that look like their shirts?

What they have to lose is their trademark on the "price tag" logo they've been using for years. If a trademark isn't defended, it can become diluted and unenforceable, like "Aspirin." It's the same as Adobe wanting you to say "modified with Adobe Photoshop software" instead of "photoshopped." It's silly, not unlike most of the legal system.

Now, what they have to lose if someone covers the story on their blog is a different question, so we now return you to the main point of this story.

Re:What is Best Buy thinking?

[SargentDU]

Did you stay at Holiday Express the night before? :)

Re:What is Best Buy thinking?

[It doesn't come easy]

I can see why Best Buy would not like the shirts -- it could allow anyone to pretend to be a Best Buy employee (someone might be able to get away with a lot of "stuff"). On the other hand, the improv moment was really funny and resulted in a lot of good service and good customer relations for the store that was involved. You would thing Best Buy would appreciate really cheap employees helping out their sales...

Re:What is Best Buy thinking?

[Larry Lightbulb]

My standard work 'uniform' used to be a white shirt, plain tie, suit and photo ID name tag. It was almost guaranteed that people would assume I was a manager at almost any store I went into.

Re:What is Best Buy thinking?

[xPsi]

Indeed it was the yellow Best Buy tag that pushed them over the edge (the dopey "yellow price tag logo" IS trademarked). But is a generic blue shirt and khaki-like pants really part of their trademark? No. I'm sure the clever people over at Improv Everywhere can come up with a sufficiently distinctive "Best Buy yellow splotch parody logo" that is protected under free speech.

Re:What is Best Buy thinking?

[realthing02]

Do you often wear wrinkled khakis and a slightly large button down shirt?

Just kidding, Every time i wear a red shirt at target, i always get asked questions by customers. God i wish they'd leave me alone and let me stand around for another 8 hours.

Re:What is Best Buy thinking?

[Beardo the Bearded]

The same thing happens to me all the time, no matter what kind of store I'm in. People look at me and ask if I work there and try to ask me questions. It doesn't matter that I didn't shave that morning, am wearing casual clothes, and everyone else in the store is wearing some kind of brightly-coloured uniform.

I've never had employees confuse me with a manager. That takes a level of dedication to stupidity that I've never seen before. Wow.

Years ago I did work in retail. On lunch breaks, I would wear a sign that said "STOP! I DO NOT WORK HERE!" and that did NOT work. "No, I really don't work here. I'm on my lunch break." "It's just a quick question."

The sad part is that I can usually answer the questions people ask me, and usually better than the staff.

Re:What is Best Buy thinking?

[xaxa]

I've only once been mistaken for a member of staff... it was in this shop. It boosted my ego for the rest of the afternoon :-D.

Re:What is Best Buy thinking?

[fredklein]

I can see why Best Buy would not like the shirts -- it could allow anyone to pretend to be a Best Buy employee

Except, of course for the big "Improv Everywhere" logo that replaced the "Best Buy" logo.

Re:What is Best Buy thinking?

[hawk]

Try walking through a Vegas casino in a good suit.

Even more so if you're wearing a brass nametag for some event.

hawk

Re:What is Best Buy thinking?

[Anonymous Coward]

So "been there, done that, got the T-Shirt" ?

Re:What is Best Buy thinking?

[ehrichweiss]

"it could allow anyone to pretend to be a Best Buy employee"

So could having a real BB shirt printed up to look EXACTLY like the real thing but somehow a shirt that's meant to be a joke is more apt to allow crime? I'm sure that's why I see people all the time getting into concerts because they wear black tshirts with white lettering that says "Scrutiny" or "Staph(infection)". Seriously, it costs nothing to get a *realistic* tshirt printed so why one would think that it's more likely to happen with one that's a joke is beyond me.

Re:What is Best Buy thinking?

[Anonymous Coward]

Some guy thought I was an employee at Circuity City once and gave me 50 bucks one time for explaining to him about 16:9 televisions. The other employees glared at me and asked me for their 50 bucks back. I loudly responded with "Are you threatening me?". Damn did those guys back off. I feel that its fellow customers that are more useful in those stores then the employee. They actually own it and have prior experience; unlike those 16 year old employees who don't know and don't care, all they want is their paycheck so they can buy more pot.

Re:What is Best Buy thinking?

[inviolet]

They don't want someone wearing the shirt to enter the store to pretend to be an employee. The customer might think they're getting excellent customer service from an imposter.

I'm undone.

If you are in Houston, you may stop by any time to pick up your backrub from a geek-appreciative, cynicism-appreciative, wit-appreciative woman.

Re:What is Best Buy thinking?

[BoyIHateMicrosoft!]

I'm so gonna get made fun of for this, but I happen to be a Nascar fan, I know posting on /. and being a Nascar fan don't jive but I am, and I happen to own a Tony Stewart Home Depot jacket(Home Depot is Tony's sponsor for those non-Nascar fans out there). Whenever I go into Home Depot wearing that thing people ask me stuff, I'm always like hello do I look like I work here? I'm wearing khakis and three inch heels!!!

Re:What is Best Buy thinking?

[GwaihirBW]

Is it just me or is anyone else having difficulty putting those three clothing items into a coherent picture?

Re:What is Best Buy thinking?

[Asm-Coder]

No. But I have an advantage over you, since my ex-girlfriend is a Nascar fan.

Re:What is Best Buy thinking?

[alex4u2nv]

For business that houses the "Geek Squad" you would think they'll know better and avoid the infamous hex key issue that shutdown digg a couple months ago.

Re:What is Best Buy thinking?

[alex4u2nv]

Lol: funny.

When this happens to me, I give the "wtf is this n00b?!?!?" Look, and don't say a word.

Almost as if I was playing a MMORPG and some noob asks me a question, I laugh, get up from my desk and grab coffee while leaving my game character to stand there.

Or sometimes, stand/duck and spin in circles as if im humping a corpse!

Re:What is Best Buy thinking?

[Kelson]

I have a bright blue T-shirt that I refer to as my "Best Buy Shirt" because I was once mistaken for an employee while wearing it. It wasn't even a polo shirt, and I probably wasn't wearing khakis. No name tag, no logo, no collar, wrong pants. Just the blue was enough.

Ever since then, whenever I wear it, I think to myself, "Hmm, I shouldn't go to Best Buy today." Though occasionally I think I should, just to see whether it would happen again.

Re:What is Best Buy thinking?

[fm6]

Sending scary letters to quash news of this is reprehensible. Still, a trademark that is not actively enforced can be lost.

They weren't trying to quash news. They were just doing the usual hyperactive bit in response to somebody using their trademark. People who send out these C&D letters don't have any incentive to take the extra effort to figure out whether something is a genuine violation or something that's protected as satire, news, or "not potentially confusing". Indeed, if they overlook somebody they might well lose their job. So they just fire off letters to everybody. Then if the recipient claims an exemption (as laugingsquid did) they fire off another letter apologizing. Since both letters are form/boilerplate, the total cost is a few bucks for certified mail. It's on a par with call centers and other such methods for communicating with people on a pseudo-personal basis. It scales up, and when you're in a high-volume low-margin business, you need things that scale up.

Re:What is Best Buy thinking?

[alshithead]

"However, you don't need the shirt to pull that off . . . I get asked if I'm a manager (or people assume that and launch straight into asking a store question) at virtually every large store in which I shop."

Dude, it most sooo suck looking like a retail manager. That's almost as bad as looking like a burger flipper. I'm glad I THINK I look like someone about to go postal. My wife thinks I'm cute and don't look like the nerd that I am. Hmmm...book, cover, and judging seem to fit here somehow.

Re:What is Best Buy thinking?

[Belial6]

Who said the poster was a woman? It's a new millennium. Don't judge! ;)

Re:What is Best Buy thinking?

[MMaestro]

The problem is that the letter is nonetheless sent out on bad faith.

If the New York Times or the Wall Street Journal suddenly got a letter from Microsoft ordering them to cease and desist all printing of the Microsoft logo outside of purchased ads because some program caught it being used without express permission, they'd be hell to pay. Maybe not through the courts, but you'd be believe that the editors would be told to ride Microsoft's ass until they made up for it beyond a mass produced apology letter. (ie. exclusive interview(s) or first-hand reporting opportunities) Corporations take this sort of stuff EXTREMELY seriously even if it gets dismissed by the end of the week, especially when potentially millions of dollars are at risk from legal fees.

Re:What is Best Buy thinking?

[frdmfghtr]

The problem is that the letter is nonetheless sent out on bad faith.

Yep...but then Best Buy apologized for sending the letter in the first place.

Honest mistake? PR damage control? You decide.

Re:What is Best Buy thinking?

[MMaestro]

A mass produced letter containing an apology for causing a situation where laughingsquid could've been taken to court costing them potentially thousands of dollars? Not exactly history's best PR damage control attempt. From your link :

My advise to companies regarding situations like this is that their PR departments should become more involved and aware of what their legal departments are doing with regards to the community at large.

Re:What is Best Buy thinking?

[Anonymous Coward]

You'd better hope that he's redneck-appreciative, flailing-hose-beast-appreciative, and scary-internet-stalker-pseudo-woman-appreciative.

Re:What is Best Buy thinking?

[Red Flayer]

Honestly, what does Best Buy have to lose if they let someone print shirts that look like their shirts?

Their trademark. Defend it or lose it.

Assuming that their trademark has value, then that value is lessened when it is diluted by Tom, Dick, and Harry all wearing "Best Buy"-esque shirts as men about town. Moreso if Tom, Dick, and Harry are on the shady side and are publically seen doing "bad things".

Re:What is Best Buy thinking?

[nomadic]

both of which know only one thing each. That is how to drink a lot and pick up women on shift for the former and how to steal in new and creative ways for the latter.

You know, after hearing that my respect for Best Buy employees shot up a lot.

Re:What is Best Buy thinking?

[fm6]

There's a big difference between a national newspaper and a blogger. And how is sending out a form letter "bad faith"? Do you even know what that means?

never would have heard of this if best buy did not

[Anonymous Coward]

I never would have heard of this if best buy did not send out C&D letters.
When will big companies learn just to let it go and it will quickly die off by itself?
Never I suppose. Now thousands of us have just one more reason not to shop at best blow.

I cannot get over the price of their DVDs when I was last in there. 20+ dollars for the F4 silver surfer DVD? yikes!
I am so glad I got it from the public library instead because it was a major disappointment.

Slashdot is next

[webmaster404]

So, if this trend continues, \. will get a C&D order for the "broken windows" icon for MS related stories.

Re:Slashdot is next

[Anonymous Coward]

Heck, I'd say the more immediate threat is Best Buy issuing a C&D for Slashdot's coverage of this story.

Re:Slashdot is next

[LiquidCoooled]

Its ok, /. will send out a cease and desist against the obviously fake \. site you are advertising.

Re:Slashdot is next

[colinbrash]

So, if this trend continues, \. will get a C&D order for the "broken windows" icon for MS related stories. Oh no! And Backslashdot is my favorite news site, too!

Re:Slashdot is next

[SlashRSlashN]

Nah, they seem to have spent too much money marketing on this site to throw it all off now. (/me still laughs at all the MS ads...)

Just send a cease and desist letter right back.

[mozumder]

Tell them to cease and desist from existing.

Anyone can sue anyone for anything, might as well tell sue them right back.

Hmmm....

[Qubit]

Wordpress died before there were even 2 comments on the page. Ouch!

Hooray! Let loose the hordes of slashdotties -- no need to RTFA, as you couldn't even if you tried!

What about Chuck?

[PingXao]

The American TV show, "Chuck", features a young guy who works at "Buy More", which is clearly a ripoff of BB. I don't watch the show but my girlfriend had it on one night and called my attention to "Buy More" and asked if it reminded me of someplace. Change BB's color blue to green and voila! Buy More.

But that's OK for them to do that on national TV and get away with it on a weekly and ongoing basis. The reason is probably that the people who run and work at BB are infinitely more incompetent than the people who work at the fictional Buy More.

Re:What about Chuck?

[techpawn]

Change BB's color blue to green and voila! Buy More.

If you change a certain percentage of a logo it's considered not protected. Also, it may fall under parody. But why fight it if people think their geek squad is secret agents or some such nonsense?

Re:What about Chuck?

[Joe the Lesser]

Fox has big time lawyers who would smack BB down and be able to make a huge deal about it. Normal citizens don't have/can't afford the legal teams that can assure Fox TV that it wouldn't stand up in court so don't worry about it, nor can they easily get their word out the way say, Fox can.

Re:What about Chuck?

[Sensi]

Yeah but the saving grace is Chuck works for Nerd Herd. If he was a geek then they would be asking for trouble.

Re:What about Chuck?

[Anonymous Coward]

Well good for Fox. Too bad the show's produced by Warner Brothers and airs on NBC, though.

Re:What about Chuck?

[DannyO152]

As the saying goes, same difference. Somewhere along the lines there may be been discussions about product placement (or worries that the real brand name is affiliated with the plot lines), but be sure, WB and NBC legal make sure that fictional trademarks do not infringe or cause confusion with any brands, as the law currently defines it, whether is was about cya or not giving any one free advertising. As was pointed out, they have the money and experienced lawyers on stand by.

Re:What about Chuck?

[Anonymous Coward]

It's not so much being able to get away with it as being able to afford the legal representation that lets them say "So, go ahead and try to sue us!" They don't pick on anybody big enough to fight back. Bullies are like that!

Re:What about Chuck?

[theskipper]

Or simply that BestBuy's lawyers and GE's lawyers worked out an agreement to their mutual satisfaction. Branding, marketing, etc.

Re:What about Chuck?

[squiggleslash]

Honestly, don't you realize that Warner Brothers and NBC are just a fictional parody of Fox? Tsk!

Re:Are they going to go after the T.V. Show "Chuck

[cbart387]

Don't forget 'Big Mart', a competitor of 'Buy More'.

Why not?

[Linux_ho]

Best Buy long ago alienated all customers who watch the news and refuse to shop at businesses which regularly practice sleazy business tactics. I doubt this bad PR will affect their business at all. Nobody who cares about stuff like this has shopped at Best Buy for years.

Don't estimate. Litigate!

[TheLazySci-FiAuthor]

How can companies run like this? IN my mind I see this as a big waste of effort and money on Best Buy's part. This wasted money would have to translate into Best Buy's bottom line, and thus affect we, the consumers as higher overall prices.

I've worked in the corporate world long enough to know that departments and other corporate entities show amazing survival instincts - but the legal departments of these mammoth companies are certainly the most predatory. Really, they must drum-up this kind of litigation.

I wonder if there was even any kind of financial-impact analysis or at least some kind of brand image analysis presented to the board prior to sending these notices. I would guess that the legal department simply sends them out under the "it's easier to ask for forgiveness than permission" assumption.

Re:Don't estimate. Litigate!

[Jeff DeMaagd]

This wasted money would have to translate into Best Buy's bottom line, and thus affect we, the consumers as higher overall prices.

Despite its stupidity, a C&D costs very little, particularly the size of Best Buy. Now, it's caught them some negative publicity, but I think that negative publicity is mainly going out to the BB haters anyway.

Re:Don't estimate. Litigate!

[misleb]

How can companies run like this? IN my mind I see this as a big waste of effort and money on Best Buy's part.

Once you've gotten to the point of having full time lawyers (and I'm sure a company the size of Best Buy has many), doing shit like this becomes second nature. I mean, if you've got the manpower, presumably salaried, you can have them do whatever you want as long as it fits in their 9 to 5 work day and not "waste" anything. WHo knows, maybe they just had some downtime in legal and the lawyers got a little bored.

They say that idle hands are the devil's playground. And that's just hands in general. What do you think that says about lawyer hands in particular? Best Buy probably tasked them with this frivolous legal activity merely to avoid unleashing the horrific fury of idle lawyer hands! I wouldn't be surprised if the fear of bored/idle lawyers is the source of half the litigation in the US.

-matthew

Re:Don't estimate. Litigate!

[Matthaeus]

> How can companies run like this? IN my mind I see this as a big waste of effort and money on Best Buy's part. This wasted money would have to translate into Best Buy's bottom line, and thus affect we, the consumers as higher overall prices.

One minor nitpick here. If BB could charge another $2.50 for a DVD without losing the equivalent sales, they would regardless of their costs. The price any retail store charges has -nothing- to do with what their cost for the item is.

One more time: their cost has no bearing on the final price.

If a widget costs more for them to obtain than they can sell it for, they simply won't sell it. Otherwise, they'll seek to maximize profits any way they can. The shareholders may have a legitimate gripe against this overly litigious policy, but we as consumers (ignoring for the moment that we have souls and empathy and aren't simply consuming machines) see no effects of this at all.

So you're right, in a sense; this does affect their bottom line. But they won't react to that by raising their prices unless they have no understanding whatsowhomever of economics.

Re:Don't estimate. Litigate!

[TheLazySci-FiAuthor]

What you say makes complete sense, and so I must believe you, sadly. I suppose the cost-effectiveness of this strategy is why this kind of behavior can continue.

Off topic here a bit, but I have this personal theory that the laws of any government will eventually break-down, and with them (perhaps at the same time) society. No doubt this breakdown will be highlighted by nonsensical legal actions, such as this Best Buy litigation.

I think that this breakdown is caused by the very nature of law, at least in the western world, which allows additions to be made more easily than retractions. Of course, this is true of many (most) systems, but in law its ramifications are most dire.

I think I will call this speculation the 'idea of informational breakdown' - Follow me here.

I think that law is just information. In fact, I believe it to be one of the first systems to truly formalize information. Of course, it's not perfect. This was in ancient times; today we have formalized information to a degree unimaginable to these ancient peoples.

Our formalization of information has taken on the form of computerization, and I feel that our modern formalization is much wiser, and smarter (after all, within our modern information system we expect certain things to expire - law has seen its realm as constant). We have built a world-wide communication system comprised of enough information to eclipse all the law books of history. We have in fact managed to replace many real-world physical items with this system.

The current collision between classical law and the logical world of modern information is, in my mind, probably caused by the incomplete and flawed method of information formalization used for law, and the current (and changing) method of information formalization used in modern computation.

A fringe idea, but one which I think has at least some element of reality, and thus the truth, within it.

Re:Don't estimate. Litigate!

[Khyber]

I wouldn't be surprised if the fear of bored/idle lawyers is the source of half the litigation in the US.

A bored or idle lawyer I could deal with. They're not doing anything, and are rather easy to kill. Busy lawyers, on the other hand, always have public exposure, so killing them and getting away with it becomes a more difficult task.

Re:Don't estimate. Litigate!

[Hucko]

Off topic here a bit, but I have this personal theory that the laws of any government will eventually break-down, and with them (perhaps at the same time) society. No doubt this breakdown will be highlighted by nonsensical legal actions, such as this Best Buy litigation.

I actually believe society breaks down before the laws do. I think it is often the reason for the 'fading of a civilisation.'

Are you sure..

[rambag]

that the C&D came from a Best Buy lawyer or just someone in Besy Buy lawyer's clothing?

What's next...

[__aaclcg7560]

The Goon Squad will go out to the offender's house to uninstall the HDTV and replace it with an old CRT TV.

Classic Lawyer Spew

[mpapet]

Anyone who's been around a while will recognize this as low-quality legal practice. It's your typical drag net style of litigation.

In better cases, it's simple intimidation. In the worst case scenario, the lawyers actually hope to get something out of everyone. Either way, a polite letter back that says, "Nothing to see here. Move along." will pretty much chase the scum bags away.

Like the RIAA file sharing lawyers, the jokers pulling this stunt should be dragged before their respective bar association and flogged with paper clips. ( or whatever the bar does to punish lawyers)

Re:Classic Lawyer Spew

[TheLazySci-FiAuthor]

...flogged with paper clips. ( or whatever the bar does to punish lawyers)

No, that's what they do alright.

Re:Classic Lawyer Spew

[falcon5768]

the kicker is though, laughing squid contacted them to ask if it was a mistake. Best Buy's lawyers countered with the "your not reporting on it, your promoting it. Bloggers are not reporters" spiel.

Guess BB hasnt talked to Apple about why you dont pretend bloggers dont have the same rights as reporters.

Re:Classic Lawyer Spew

[GwaihirBW]

Note that it was Best Buy's *lawyers*, but he then talked to Best Buy Corporate Public Relations Group, and they rapidly figured this one out - he got a quick retraction and apology.

Re:Classic Lawyer Spew

[chromatic]

Anyone who's been around a while will recognize this as low-quality legal practice.

Anyone who's been around for a while should recognize sending at least the first C&D as a requirement of maintaining a trademark.

Well, that tears it

[yelvington]

CompUSA is shutting down, Best Buy has gone insane ... from now on I'll do my shopping at Buy More.

This looks like MY big chance...

[zappepcs]

I have not done a lot of things yet in life, and receiving a C&D letter is one of them. What do /.-ers think is my 'best' chance of getting one from BestBuy?

1 - YouTube channel?
2 - BestChance.com website?
3 - changing my middle name to bestbuy?
4 - suing bestbuy for discrimination, on the basis that I didn't get a C&D leter?
5 - Setting up a store in SecondLife called BestBye? Giving away uniforms for other SL stores?
6 - Call the secret whitehouse telephone line, claiming to be the bestbuy ceo?
7 - Getting GreenPeach to name a whale 'best buy'
8 - Setup a reddit account under the name bEsTbUy, and only submit stories on best buy?
9 - Number nine left out because the writers are on strike
10 - buy 300 hours of blimp advertising, with sign that looks like the best buy sign, but done in crayon and written upside down?

What does /. think?

Re:This looks like MY big chance...

[Bryansix]

Number 5 but why change the name. Just call it Best Buy in Second Life.

Re:This looks like MY big chance...

[despe666]

worstsell.com maybe? The antonym of bestbuy! That should give you a fair shot at a C&D!

Re:This looks like MY big chance...

[zotz]

Good thing you left out number nine or you might have gotten a C & D from the fab four...

all the best,

drew

Re:This looks like MY big chance...

[Anonymous Coward]

Make a site called BethBuy, that sells middle-aged black women with a lisp called "Beth".

Captcha: Repress. w00t!

Re:This looks like MY big chance...

[mojotooth]

I always thought I might start a plastic surgery clinic called "Breast Buy." You could try that.

Re:Are they going to go after the T.V. Show "Chuck

[DaveAtFraud]

... and the "Nerd Herd" is obviously a reference to the "Geek Squad" (other than the Nerd Herd folks are portrayed as being competent).

Cheers,
Dave

back story

[circletimessquare]

http://www.improveverywhere.com/2006/04/23/best-buy/

so they went to the chelsea best buy, hundreds of them, in blue shirts, and pretended to be assistants throughout the store, perhaps more helpful than actual staff in some cases

customers were amused and bemused, management went apeshit, the best part is the the black chick who goes "it's like that movie, 'the thomas crown affair'"!

but seriously: this is all a case of people with too much time on their hands: the best buy "actors" in the original "event", AND the lawyers suing them

and isn't there some sort of legal protection for comedy, jokes, mockery? the law that protects political cartoons for example. would they have a case with that? obviously IANAL, as i can't even remember the legal term for this sort of "mockery" that is protected

Re:back story

[R2.0]

If that's really the case, then I'm not very sympathetic to the Improveverywhere folk. Comedy, parody - great. Going onto the subjects premises and at least nominally impersonating employees? That's a tougher sell.

On the blogger, though, BB are just being idjits.

Re:back story

[fm6]

but seriously: this is all a case of people with too much time on their hands: the best buy "actors" in the original "event", AND the lawyers suing them

Dude, litigators charge (a lot) by the hour. For them, there's no such thing as "too much time".

As for the event people: hey it's art. Maybe not to your taste, but no more a waste of time than, say, sports.

Re:back story

[PCMeister]

IANAL either, but keep in mind that while Best Buy is open to the public, it's still private property. One of the few things that could've happened the day of the "event" was to arrest the "actors" for trespassing. Unless mistaken, that can only be done lawfully if the manager asks them to leave and they refuse, which is where local law enforcement comes in.

Given the times we live in, I'm sure they'll try to nail them with disturbing (or breaching) the peace, or some other bullshit charge(s). The caveat is that they'll have to file charges against each of the "actors" and try to lump them into one big court case.

It's a crying shame that this country has lost its sense of humor!! Bravo to those trying their best to keep it alive.

Good luck to us all! We sure as hell need it.

Re:back story

[mchale]

You're thinking of parody. I'm pretty sure that's protected under the US Constitution (though IANAL, as well.) However, I'm also pretty sure it's *NOT* protected under UK government. I didn't RTFA, but I'm assuming you mean the Chelsea in England, which means they may have a legal leg to stand on.

Re:back story

[Speare]

They did NOT pretend to be employees. When asked, they were simply guests, they were shopping, they were waiting for their girlfriend who is in another department, etc. They didn't try to help anyone, nor try to hinder anyone. The shirts used were just plain blue polo shirts with no special embroidery or logos. They simply arrived in the same colors as if by coincidence. Yes, they knew it would cause confusion. Sometimes confusion is just a part of joie de vivre.

Re:back story

[Lehk228]

no they could not be arrested for trespassing, they left when asked to leave

Re:back story

[Anonymous Coward]

LOL at your sig dude. Why am I laughing? Because I was the Anonymous Coward who made that post. And I was lying. I did not moderate you down (my Karma is too shitty to be a moderator anyway). I was just trolling =)

New limited edition

[Anonymous Coward]

Clearly they need to start selling a limited edition of the T-shirt and comes with a certified copy of the C&D that is suitable for framing.

Why they happen.

[Sneftel]

Costs vs. Benefits of sending a doubtfully valid cease and desist notice:

Costs:
* Postage.
* Paralegal staffing costs (assume 15 minutes to prepare the boilerplate).
* Small chance some guys on Slashdot get grumpy for a while, until the next time there's a sale on DVD-Rs (whereupon all is forgiven, transactionally speaking).

Benefits:
* Decent chance the guy stops doing whatever it is you feel like stopping him from doing.

It's not even a close call. A C&D is a warning shot, an initial skirmish. It doesn't commit them to anything legally, and the public image repercussions are vanishingly low.

Re:Why they happen.

[JoeInnes]

Actually, a C&D does commit them to something legally - there's the bit about them having a good faith belief that their copyright is being violated under penalty of perjury.

Last time I looked, perjury was a pretty serious offence. Add the risk of being found guilty of perjury to the costs, and reconsider the cost-benefit analysis. And add negative publicity. All of a sudden, it's looking like it's not worthwhile.

Re:Why they happen.

[fishbowl]

You left off:

Risks:

* You send the C&D letter to someone with litigious interests of their own, and in doing so gave them an argument that you have attempted to abridge *their* rights.

Always consider Risks in your Cost/Benefit analysis. Sending a letter may indeed commit you, legally, to a course of action.

Re:Why they happen.

[Sneftel]

Wouldn't that be nice. But no, they aren't civilly liable for anything like "abridgement of rights" (keekles). It's a statement of position. If you agree with it, you cooperate with them. If you don't agree with it, you ignore them or tell them to fuck off. Its only legal significance is that later they can point to it as proof that you knew that they wanted you to stop.

Re:Why they happen.

[mr_matticus]

A Cease and Desist doesn't abridge, truncate, bifurcate, transmogrify, or in any way alter your rights.

Sending a letter does not commit you to any course of action. Period. You can't (successfully) sue for receiving a C&D...come on, Slashdot's legal IQ is low, but that low? Really?

Who modded up this drivel?

Re:Why they happen.

[fishbowl]

>You can't (successfully) sue for receiving a C&D

You can't take back the fact that you sent the letter. It will come out in court, and it can work against the plaintiff's case.

If you made a claim in some correspondence that had no validity, it can destroy your otherwise strong case when it is used by the defense as evidence of bad faith on your part.

Also, if you say something libelous in a C&D letter, it can certainly be used against you as evidence in an entirely separate action.

It's not drivel. Be careful what you let your lawyers say to people.

Legal threats != court win

[WillAffleckUW]

It's more of an intimidation technique.

Will Slashdot get a C&D?

[olddotter]

Seems like a likely follow up, stupid as it is.

Perhaps I should be a corporate Lawyer. Get paid lots of money to waste time and money....

Another company for the list

[mcsqueak]

Wow, Best Buy is now on my list right next to WalMart (you should know why) and McDonalds (crap-ass disgusting food) for places that I refuse to shop at. Maybe my little contribution won't hurt their bottom line, but I'd rather spend my money someplace that doesn't pull this kind of garbage.

Re:Another company for the list

[AusIV]

Best Buy has been on my list for a while. The original site is down, but the web archive still reflects bestbuysux.org. I haven't personally run into service quite that bad, but I've seen employees do some pretty stupid stuff.

Streisand Effect!

[Archangel Michael]

http://en.wikipedia.org/wiki/Streisand_effect

First words out of my mouth would be .... Streisand Effect. Which is directly the result of ignorance or idiocy. Typical of Dilbertized Corporations.

Could This Be a Prank?

[geoffrobinson]

Could Improv Everywhere being doing this as a gag? If memory serves, there was a fake suit from McDonald's?

Not saying this is a gag, but it is hard to trust pranksters. Also, this is assuming the news site is in on the gag.

My money is on Best Buy having no sense of humor and this is real.

Not just about the shirts

[MagicM]

I'm sure Best Buy isn't just after them for having blue shirts. This is more likely a form of "payback" for the embarrassment that Improv Everywhere caused Best Buy in 2006 when 80 people showed up at a NYC Best Buy dressed in blue polo shirts and khakis. (Flickr and YouTube coverage.)

Re:Not just about the shirts

[MagicM]

Of course the slashdotted article mentions that little "prank". Too bad the summary doesn't.

Nope, Best Buy apologized for the censoring bit.

[GwaihirBW]

Nope, because if you go a level deeper past the article, you find that Best Buy Apologized for their shoot-from-the-hip legal team. As that blogger stated, they did the right thing there - legal departments screw up, but a lot of damage control can be done by quickly and appropriately reigning them in, taking responsibility, and apologizing.

RE: vanishingly low?

[Super Dave Osbourne]

I don't think so, this has brought to my attention as a regular BB visitor (but not necessarily buyer) something I was unaware and now have done due diligence online. My simple mind, and simple findings in google-land have helped me conclude I do not want to visit, shop, or recommend Best Buy for business. That said, I'm in disagreement with your assessment of how meaningless this is to the public. Companies must learn to respond to market demands, and QoS sucking and legal waste of time and money is part of it.

Best Buy apologies for sending C & D letter

[laughingsquid]

Best Buy just sent us an apology letter for sending us a C & D letter just because we blogged about the Improv Everywhere shirts: http://laughingsquid.com/best-buy-apologies-for-sending-cease-desist-letter/ Here's the original C & D letter: http://laughingsquid.com/best-buy-cease-desist-letter/

Re:Best Buy apologies for sending C & D letter

[stormguard2099]

Don't mod this guy up! he's probably just an imposter!

Re:Best Buy apologies for sending C & D letter

[Anonymous Coward]

Too late!

I haven't bought anything from BurstBuy this holiday season, and
now I see no reason to - EVER.

In short, I've ceased and desisted from all purchasing activity
at their emporia.

Re:Best Buy apologies for sending C & D letter

[laughingsquid]

Wait, are you supposed to be commenting over with your friends on Digg? I think you'll be welcome over there.

Re:Best Buy apologies for sending C & D letter

[Just Some Guy]

Best Buy just sent us an apology letter for sending us a C & D letter just because we blogged about the Improv Everywhere shirts

I'm actually kind of pleasantly surprised by the second letter. They flat-out admit that they messed up and apologize for it. That's almost unheard of these days. Congratulations on a happy resolution.

Oh, and to the jackass who modded you "flamebait": WTF were you thinking?

Re:Best Buy apologies for sending C & D letter

[stormguard2099]

hey! I managed to string words together into a joke without the help of the words "FAG", "NOOB" or "ROXORS." Doesn't that classify as above their heads?

Re:Best Buy apologies for sending C & D letter

[houghi]

Too late to send an apology. They should have NEVER send the letter in the first place.

It blew up in their face, this time, but how many times has it worked?

Re:Best Buy apologies for sending C & D letter

[ucblockhead]

I thought the whole point of an apology was to say your sorry for something you never should have done in the first place.

Personally, I never apologize for things I should have done in the first place.

Re:Best Buy apologies for sending C & D letter

[Anonymous Coward]

That's not an apology. It's a vague statement of regret. They don't regret the trouble they caused someone else. They regret the trouble they've caused themselves. Again, that is not an apology.

Sadly, many people will interpret Best Buy's shameless dismissal of their actions as an apology. Granted, they didn't necessarily do anything wrong--just stupid and offensive. Their use of the word "regret" is an attempt to quell any further discussion about the matter while limiting their liability. There is no shame expressed over the effect their actions had on anyone but themselves.

Why let them off the hook on this one?

Re:Best Buy apologies for sending C & D letter

[Sirch]

Hell, even spelling "FAG", "NOOB" and "ROXORS" correctly qualifies as above their heads...

Re:Best Buy apologies for sending C & D letter

[zeet]

Are we looking at the same letter? I don't see any apology there. Regret, sure, but that's just the first step before apology.

NewEgg is a much better option

[Bryansix]

Or Amazon for that matter. Everything electronics related is moving online.

Re:NewEgg is a much better option

[vux984]

Too bad neither ship to canada, and amazon.ca is almost a joke, especially with the dollar where its at right now.

Re:NewEgg is a much better option

[Grishnakh]

Yeah, but do you even have Best Buy in Canada? Retail electronics here in the USA is beyond horrible: our main choices are Best Buy, Circuit Shitty, and I suppose Sears. The only place that's any good for buying electronics, IMO, is Costco, if they happen to have what you want (as expected in a warehouse store, the selection is pretty narrow but the prices on those items are very good).

Anyway, don't you guys usually buy your electronics from a tire store? :-)

Re:NewEgg is a much better option

[vux984]

Yes, we have Best Buy. We also have future shop which is owned by Best Buy. And in the city I live the two "companies" are accross the street from each other making a mockery of competition.

We also have sears and costco, but I wouldn't buy anything there unless they had what I wanted but they rarely do. We have 'the source by circuit city' which seems to own all the old "radio shacks" in the malls, and its pretty lousy. We have costco, but I'm not a "member", but I've been through them and don't find it terribly compelling.

As for the tire store? Canadian Tire, not really. You might buy a $60 DVD player there I guess, or a clock radio... but not an HDTV or a computer.

I buy computer electronics online, or from 'hole in the wall' computer shops (who often mostly deal online).

But home electronics like TV's, speakers, stereos... its "beyond horrible" here too.

BestBuy/FutureShop has driven everyone else out of business, and dealing with bestbuy/futureshop is a nightmare. Product knowledge is what's written on the sticker in front of the product, and they even get that wrong half the time. The best product is the one with the highest margin, or even more likely the one with the best rewards program from the manufacturer. Luckily it looks the best on display too. (That its the one with the blueray player while the rest of the TVs are all connected by RCA splitters to a VCR and someone's gone and turned the contrast down is all beside the point.) And you definitely need a $400 monster power conditioner to ensure that your television picture looks its best...

Sure you can still walk into a Bang&Olufsen but that isn't 'consumer electronics' either. That's 'you have too much money and want a cd player that opens like a flower'... oh and we have "the Sony Store" which is great if you want to pay too much, and see Sony TV's next to other Sony TV's and only want know what size Sony TV to buy while speaking to reps who don't know squat about non-Sony product but still "know" that sony's X is better than anyone elses X. Comparison shopping at its finest! But that's beyond useless as I refuse to buy sony branded products anyway. I suppose the one good thing is that lines are short in there even during the holiday rush. And its fun to ask them if they have Wii's or 360's in stock.

Re:NewEgg is a much better option

[Bryansix]

No, they buy their electronics from Tim Horton's which are aparantly on every street corner up there.

Best Buy has already apologized...

[1729]

I hate to defend Best Buy, but they've already admitted their mistake and apologized for the C&D letter sent to laughingsquid.com:

http://laughingsquid.com/best-buy-apologies-for-sending-cease-desist-letter/

Re:Best Buy has already apologized...

[Anonymous Coward]

that's kinda' loke the LAPd apologizing to Rodney King.

Too Little Too Late. Thy never should have been A**H**** in the first place.

Re:Best Buy has already apologized...

[IKnwThePiecesFt]

Flamebait? What the hell?

Geez, Slashdot!

[dangitman]

Would it kill you to make laughingsquid.com a link instead of plain text?

Re:Geez, Slashdot!

[Beardo the Bearded]

Try installing "Linkification" for Firefox.

It saves me a lot of PITA for people on forums who can't be bothered / are unable to make clickable HTML links. Okay, maybe just a little bit of a PITA, but still, it's one of the better extensions out there.

Re:Geez, Slashdot!

[dangitman]

I don't use Firefox. Well, I do use it for testing - but I prefer not to use it for my personal browsing. It has many annoying characteristics in the UI department. Anyway, of all people, slashdot editors should know how to make a frickin' link, and be bothered to to it.

Re:Geez, Slashdot!

[Killjoy_NL]

LOL, couldn't you have linked that, so I could get it easier ;)

Re:Geez, Slashdot!

[Killjoy_NL]

ok installed it
www.slashdot.org

Let's see if it works :)

Lawyers work harder than Marketing

[Vicarius]

Even if that logo is remotely similar to Best Buy's, why would BB pass up on a free advertising, and good one at that. If you look at "improv everywhere" logo/t-shirt and think of Best Buy's logo, Best Buy clearly wins because you are thinking of them.

Update

[cdomigan]

Laughing Squid just received an apology letter.

Best Buy apologizes to laughingsquid.com

[Bananatree3]

looks like Best Buy has apologized to Laughing squid for this

They are still militant against the blue shirts, though. (rolls eyes)

Re:Best Buy apologizes to laughingsquid.com

[hawk]

Rats. I'm wearing a blue shirt today.

I'm going to look pretty silly after I cut it off and come home in my white cuffs, collar, and tie.

My wife will probably expect a dance . . . :)

hawk

Re:Best Buy apologizes to laughingsquid.com

[Anonymous Coward]

My wife will probably expect a dance . . . :) Hah, you're not fooling me! Someone with a /. id that low has probably never even SEEN a human female face to face. Except your mother.

Re:Best Buy apologizes to laughingsquid.com

[Anonymous Coward]

looks like Best Buy has apologized to Laughing squid for this

No they haven't. What they wrote in the letter you linked to was "we do not object to fair and accurate reporting of facts, and respect the First Amendment rights of Laughing Squid and other bloogers ... Now that we have a better understanding of your website, we regret sending you the demand letter."

It's good to know that they regret their actions, but an "apology" would have been something along the lines of "we apologize for sending the letter, and will take steps to ensure this doesn't happen in the future."

Re:Best Buy apologizes to laughingsquid.com

[Anonymous Coward]

I was already laughing at the misspelling of "bloogers", but have since found that, disappointingly, they spell it properly in the original letter.

Let's see -- threats, spam, and deceit. Anything

[Arrogant-Bastard]

We've known for years that Best Buy are spammers; see, for example, http://mainsleazespam.com/companies/bestbuy.html and http://groups.google.com/groups?q=best+buy+spam&ie=UTF-8&oe=utf-8&rls=org.mozilla:en-US:official&client=firefox-a&um=1&sa=N&tab=wg for some background on that.

We also know that their personnel steal private customer data, see for example http://consumerist.com/consumer/insiders/leaks-how-geek-squad-investigated-its-own-porn-thieves-328654.php and http://consumerist.com/consumer/the-rollercoaster-ride-of-pride%2C-shame%2C-and-morality/the-10-page-geek-squad-confession-+-stealing-customers-nudie-pics-was-an-easter-egg-hunt-257108.php and http://consumerist.com/consumer/investigations/video-consumerist-catches-geek-squad-stealing-porn-from-customers-computer-271963.php for background on that.

And now we see that their official corporate policy is to issue threats against comedy troupes and bloggers.

Happily, there is a quick and easy fix for this, known as a "blacklist", so momentarily I'll be adding bestbuy.com, bestbuyinkfinder.com, and myrewardzone.com to it.

Wordpress is made of fail...

[arrenlex]

Improv Everywhere's site is down; here is the blog entry from laughingsquid.com: http://laughingsquid.com/best-buy-cease-desist-letter/ And the letter itself on flickr: http://www.flickr.com/photo_zoom.gne?id=2103448719&size=l

Re:Are they going to go after the T.V. Show "Chuck

[p0tat03]

"When you Buy More, you save more, and when you save more you can Buy More. But it all starts with BUY MORE" I love that slogan :D

Re: vanishingly low?

[icepick72]

So you told us you haven't bought much stuff at Best Buy in the past although you visited the store more, and now you are refusing to buy anything in the future. Yep that'll hurt 'em. Hit them where it counts ... in the guy-wanders-around-store-alot-but-now-we-don't-see-him-anymore department!

Power Corrupts

[fermion]

If anyone needs anymore evidence that the modern corporation is the new communist/dictator/monarchy oppresion machine, whose sole purpose is to extort tributes from the pesants, enjoys 100% exclusions for the norms of civilized behavior, and apparently lacking a conscious that would normally make a person sympathetic to the plight of those pesants, this is it. There is no difference between Imelda Marcus enjoying a shopping holiday while the people starve, or Hussien having garages of cars while the Iraqi people have no jobs. Some might say that the difference is that a government has made a promise to care for the people, which is itself is of limited truth, but even if is true it is of no concern. Normal people do not wish inflict pain and suffering without good cause. If we look at our own lives, we see that most of us have started few fights, lawsuits, or other attacks. It is not just cost, but the natural desire for most civilized people to choose the past of least violence. Corporations, OTOH, appeared to be uncivilized entities. Even though they are attacked more often, they often conduct campaigns of violence unprovoked. And, in the best sense of the souless aristocrat, they are more often concerned with controlling the message than actually doing any real work.

The shirts

[oftencloudy]

It doesn't even matter that this group is selling 'look-alike' shirts. I've been mistaken for an employee two times in Best Buy by customers, once I was wearing just a regular blue polo. The other time I had a light blue button up on (perhaps I was a manager?). This shirt claim is a waste of resources unless they plan to eliminate anyone else everywhere from owning or wearing a regular blue polo.

Bring it on

[nurb432]

Last i heard parody was still legal, so let them sue. Then counter sue them for damages due to them having filed a frivolous suit.

Flamebait?

[Cro Magnon]

What's flamebait about the above post?

Re:Standard Operating Procedure for BB

[cez]

See I'mma tell you, like Wu told me, cash rules everything around me. Dollar dollar bill y'all.

There, fixed that for you... word is born!

DMCA

[lunenburg]

I'm the sysadmin for improveverywhere's server (currently curled in the corner in the fetal position, sucking its thumb and begging for its mommy), and we got a DMCA takedown notice, in addition to the C&D improveverywhere got.

#####

Subject: Digital Millennium Copyright Act

Dear Sir or Madam:

I represent [OUR ISP]. Attached to this e-mail, or set out below, is a notice [OUR ISP] received alleging that material on your website infringes a copyright. This notice was sent to [OUR ISP] under the Digital Millennium Copyright Act (DMCA). A good summary of the DMCA can be found here: http://en.wikipedia.org/wiki/DMCA#DMCA_Title_II:_Online_Copyright_Infringement_Liability_Limitation_Act

The DMCA has three steps. The notice [OUR ISP] received is the first step.

This notice triggers automatic removal or take down provisions under the DMCA. What this means is that the material identified in the DMCA notice must be removed by you, or taken down by [OUR ISP]. This must be done before you can dispute the claims set out in the notice. [OUR ISP] understands that this "guilty until proven innocent" aspect of the DMCA can be unfair, but its required by law.

If you believe the DMCA notice contains errors, you should immediately contact the person who sent the notice. Please let me know by e-mail if they agree to withdraw the notice. I will then contact them to verify the withdrawal.

After you remove the material, you may present [OUR ISP] with a "counter notice." This is the second step.

The elements of the counter notice are identified below, and in more detail in the wikipedia entry. Please make sure you fully understand the DMCA before presenting [OUR ISP] with a DMCA counter notice. It may be helpful for you to consult with your attorney. Unfortunately [OUR ISP] can not provide you with legal advice on this matter.

It is important that you take action immediately. Please let me know, within 5 days of the date of this e-mail that you have taken down the material. If I do not hear from you within this period of time, the DMCA requires [OUR ISP] to take down the material.

On behalf of the staff at [OUR ISP] I thank you for your prompt attention to this matter.

Sincerely,
[THEIR LAWYER]

Re:DMCA

[Anonymous Coward]

After you remove the material, you may present [OUR ISP] with a "counter notice." This is the second step. That appears to be wrong. There's no temporal order to be kept in those "steps", as soon as the counter notice has been filed, the ISP is out of the loop, no intermediate removal required by anyone.

Re:DMCA

[RealGrouchy]

Did their lawyers just refer you to the Wikipedia entry on the DMCA?!?

- RG>

Re:DMCA

[lunenburg]

Yes......yes they did.

Re:DMCA

[c0ol]

That letter is being sent from the offices of the ISP not the BestBuy legal representative.

Re:DMCA

[Anonymous Coward]

They might want to check that wikipedia link again.

Re:DMCA

[Anonymous Coward]

As mentioned above, the C&D letter only serves as a notice before the litigant attempts to get an injunction (which they obviously would be unable to get, in this case). It's interesting that they also sent a DMCA notice. Unlike the C&D letter, there are rather significant penalties for sending unenforceable DMCA notices. It looks like laughingsquid.com has even had this problem before, and when the EFF sued, the judge required the bogus claimant to take an online copyright course.

Re:DMCA

[Killjoy_NL]

Quick edit it :D

OB

[ajlitt]

Congratulations! You passed the test where we pretended we were going to litigate. We are very, very pleased.

Re:OB

[PhxBlue]

Remember when the e-mail was sliding into your inbox and I said "Cease and Desist" and you were like "No way," and then I was all, "We pretended we were going to litigate." That was great.

Re:Are they going to go after the T.V. Show "Chuck

[mattcoz]

Other than Chuck, which of the Herd members are portrayed as competent?

here's your holiday CDs, boys!

[swschrad]

now go sit on a writ.

Awesome

[rickward]

I'm going to buy an Improv Everywhere shirt just so I can go to a Best Buy and mess with people now. Charlie Todd, you have only gotten cooler since college, and I salute you!

My BB Blue Shirt Experience.

[mr_resident]

A couple of years ago, I ducked into my local BB completely unaware that I was dressed very much like all the people who work there. I had the khakis and a (Penguin logo) blue shirt, same shade as their official "uniforms". As I'm walking by the laptop display, this harried looking soccer mom stops me and starts asking me a bunch of questions about the laptops in that "Hurry up young man, I've got to pick up my kids in 20 minutes" way. Completely not understanding her insistance, I told her I couldn't help her. So, she says, "Well, if you can't be bothered, I'll just take my business elsewhere!" I replied something like, "Whatever makes you happy sweetheart." and went on with my shopping.

About 2 mins later, I hear her shrill voice and look over. She's got the floor manager out and she's yelling at him about "That rude young man! That one! Right there!" Pointing at me! Okay, now I figured it out and started to walk over to explain while the manager is going, "Ma'am, he doesn't work here. He's a customer too."

Now, I kind of feel bad about the next part, but I honestly couldn't help it. I saw his nametag had "Scott" on it, so as I walked up, ignoring the unconvinced customer, I said, "Hey Scott, sorry, but I've already punched out and I'm in a real hurry. See you in the morning! Bye!"

The poor guy was still trying to talk her down as I was leaving!

Scott, buddy, if you're out there - Sorry, but really, it was kind of funny, right?

Re:My BB Blue Shirt Experience.

[Anonymous Coward]

No, that is not funny. You hurt the poor mom trying to get things done during a hectic day and you hurt the poor store manager just trying to help out the customer. Crude

Re:My BB Blue Shirt Experience.

[pjp6259]

Sorry, looks like you are in the minority:
Moderation +4
    100% Funny

That comment is officially 100% funny.

Re:My BB Blue Shirt Experience.

[RealGrouchy]

She said she'd take her business elsewhere, didn't she?

I can't see how that would be anything but helpful!

- RG>

Re:My BB Blue Shirt Experience.

[zakezuke]

A couple of years ago, I ducked into my local BB completely unaware that I was dressed very much like all the people who work there I like to wear vests my self. Suede, leather, just about anything with extra pockets. I'm sure some geeks would agree. One side effect of wearing a vest, even a plain leather one, is some people presume you are an employee.

I don't have any interesting tales like your self. I respond, "Sorry, I don't know, I don't work here".

Re:My BB Blue Shirt Experience.

[scottv67]

Scott, buddy, if you're out there - Sorry, but really, it was kind of funny, right?

Yeah, looking back, it was kinda funny - no hard feelings. I quit my job at BB a few days after that fiasco and got into real estate. I made $970,000 last year. I wear a watch that costs more than your car. Can I interest you in a set of steak knives? :^)

Re:Are they going to go after the T.V. Show "Chuck

[toadlife]

Female logic at it's best.

Re: vanishingly low?

[GwaihirBW]

But he might have been providing some of the above-mentioned good customer service! If all the wandering geeks left, people would have to turn to employees for help!

Not if Kennedy has his way

[Anonymous Coward]

The Constitution? Is that thing still around?
Not if Kennedy & Ginsburg have their way.
Who needs a Constitution when you can have a Supreme court that acts like a mini-Congress?

Who needs Amendments when the Supreme Court can just change the Constitution at their whim?

You can't always wear what you want..

[Fatal67]

I went down to the Chelsea boxstore
To get my wii that was on sale..
I was standing in line with a fake assistant,
And man, he did the job pretty well.

We decided that we should have a party,
My favorite pastime, mocking newbs.
My storys been posted up on /.
My servers dead, guess we filled the tubes.. .

You can't always wear what you want,
You can't always wear what you want,
You can't always wear what you want,
But if you try sometimes you just might find
A cease and desist, ...oh yes

Correction

[Anonymous Coward]

They did NOT pretend to be assistants.

They apologized.

[sllim]

http://www.laughingsquid.com/

Best Buy sent LS.com a letter by both email and next day delivery apologizing for sending the C&D to a news source.

I am impressed.

Check out http://www.laughingsquid.com/ front page for details.

Re:Are they going to go after the T.V. Show "Chuck

[russ1337]

I was in Best Buy (Rockwall,Tx) last Sunday, and I swear the guy thought he was a secret agent. He spoke like Captain Awesome and wore an ear piece putting his finger to it to inform the front desk we were on our way with our new purchase.

Perhaps this Best Buy should be sent a cease and desist for ripping off 'Chuck'.

To the sales rep's credit, he stopped trying to sell me Antivirus/anti-malware stuff after I said I was going to stick Ubuntu on the new laptop.... he just said 'Awesome, good choice'... (in his Captain Awesome voice... with a 'thumbs up' )

Re:Standard Operating Procedure for BB

[Symbolis]

Damn. Haven't listened to Wu in a while.

Th' Legendary Shack Shakershttp://www.cockadoodledont.com/ are what I'm usually listening to, these days.(If anyone swings by, you can listen to some of their stuff. Ichabod's probably my favorite of what's available there.)

I've said it before, and I'll say it again...

[StressGuy]

Slashdot needs a MOD +1 RIMSHOT

seriously....

Re:I've said it before, and I'll say it again...

[Anonymous Coward]

And I need 1 RIMJOB right about now.

Re:Are they going to go after the T.V. Show "Chuck

[Anonymous Coward]

... and male punctuation, cockhead.

Alternatives?

[Homr Zodyssey]

I'm not disagreeing with you, but I would like to know what a real alternative is. I like to shop for and buy video games at real brick&mortar stores. CompUSA is a joke. Wal-mart is the perennial bad guy. Target and KMart have very limited selections and arent any better than Wal-mart really.

EBGames and Gamestop are already on my boycott list. They like to hire arrogant pimple-faced punks who treat anyone who isn't a "Hardcore Gamer" as if they are somehow inferior (Give it a rest -- you work at Gamestop for chrissake). And they never really have anything in stock -- preferring that you pre-order.

So, where am I to go when I want to buy a new video game? In my experience, Best Buy is the least of the evils.

Re:Alternatives?

[LWATCDR]

CompUSA is gone.
For the life of me I don't know why BestBuy is any better than Walmart, Kmart, Target, or EB Games.
I don't shop for food at Walmart because frankly their produce just doesn't look as good as what I get at Publix.
So why is BestBuy better than Walmart?

Re:Alternatives?

[geminidomino]

CompUSA is gone. Huh? I was in there last night...

Re:Alternatives?

[canUbeleiveIT]

I don't shop for food at Walmart because frankly their produce just doesn't look as good as what I get at Publix.

Yes, but the produce I throw in the garbage disposal looks better than Walmart's stuff. My God, I can't believe the shit I see on the shelves there. Disgusting.

Also, *do not* buy their beef; it is up to 12% water. If you try to brown some of their sirloin (for example), all of the water comes out as it heats up, resulting in gray boiled beef (at $3.99/lb). The Kroger and Meijer stores here seem to do a lot better job with perishables, but I try to stick to locally grown veggies, eggs and meat when at all possible.

I know, I know, I'm off-topic. Sorry.

Re:Alternatives?

[jdjbuffalo]

They just announced that they are closing all their stores.

Here is a link to a news article on it: http://www.dailypress.com/business/dp-now-compusaclos.1212,0,7791948.story

Here is the discussion from a few days ago: http://slashdot.org/article.pl?sid=07/12/08/076226

Re:Alternatives?

[Rogerborg]

I like to shop for and buy video games at real brick&mortar stores.

There must be a hundred thousand women all across this great nation who cry themselves to sleep every night with a black eye, comforting themselves with the thought that they can make this relationship work if they just try harder to change him.

So how about you stop being such a pathetic co-dependent doormat? They won't change. They'll never change. There is no good option. Quit taking the punches and move out.

Re:Alternatives?

[geminidomino]

Well bugger... Now where am I gonna get a processor fan for an Athlon64 when one craps out. :P

Maybe I can get an LCD TV in the clearance...

Re:Alternatives?

[Homr Zodyssey]

I'm not really sure what you're saying, but I'm guessing that you're saying I'm the battered wife and brick&morter retail is the abusive husband?

Your cute little analogy is not very applicable, nor does it suggest an alternative -- which was the original question. Are you saying I simply shouldn't buy video games? Or that I should get them from some nameless faceless entity online?

Re:Alternatives?

[Homr Zodyssey]

For the life of me I don't know why BestBuy is any better than Walmart, Kmart, Target, or EB Games.

I was talking about video games. From what I've seen, Best Buy has a much better selection of video games -- especially for PC

Best Buy's produce is even worse than Walmart's

Re:Alternatives?

[LWATCDR]

Well I am not an extreme green type person. I just don't buy my food at Walmart because Publix has better stuff and is more convenient and has great service. It costs a little more but my time is worth it. I just don't see why people have such Venom for Walmart. For some items they are a good source. I get my mulch from them. It is made by a local company and it is "Earth wise" they also get compost from the same place so I get it from there.
I put myself down as a centrist. I shop for food at Publix because I find them a better value for my money. I shop at Walmart for mulch, compost, plastic storage boxes and so on because they are the best value for those. I get my jeans from of all places Tractor Supply. They carry real blue jeans that are made for working. They cost a bit more but they will last five times as long as jeans from Walmart, Sears, or Penny's.

But again I ask why not buy a Wii at Walmart? Just why would any other chain that carries them be any better or worse?

From now on I won't shop at Best Buy.

[Wild_dog!]

Life is sometimes too full of things to waste time considering the peculiarities of companies, but when I become aware of company actions and principles that run counter to my own beliefs I am unable to do business with them.

Henceforth, I will never shop at Best Buy and I will encourage all of the people I know to do likewise.

Unfortunately, this seems to be how more businesses want to operate and I cannot support any company willing to do such things. But for every Best Buy doing the wrong thing there are increasingly companies that do things in a more human way. Roll on New Egg.

Re:From now on I won't shop at Best Buy.

[Tatsh]

Well, consider their other company practices, such as 'bait and switch', Geek Squad stories, etc. Newegg and other online retails beat Best Buy every time, even on 'black friday'.

Handheld products; return shipping

[tepples]

Cheaper web based merchants will now have all my business Online photos tend to make it difficult to gauge the size and weight of especially handheld products. In addition, if you buy online, you will have to pay for shipping in order to return incompatible or otherwise defective merchandise. That's why at least my grandmother prefers to buy electronics at the big-box store a block from the grocery store, so that returning a product costs only her time, not any extra petrol.

Re: vanishingly low?

[Grishnakh]

Actually, there's a little bit of value to having non-paying customers in your store (assuming they don't steal anything): it makes the place look busy. This causes a herd effect (since people are herd animals), causing other people to think the store is popular, and go there themselves. This increases the store's revenue.

It's sort of like people in a restaurant. If you walk into a restaurant at dinnertime on Saturday night, and it's completely empty, do you stay and eat there, or do you turn around and find someplace else? (Personally, I do the latter religiously; I've had too many experiences of doing the former and receiving disgusting food and/or horrible service. The first thing I look for in a new restaurant is how many other customers there are, with regard to time-of-day.)

It's a synonym

[melikamp]

The best buy is the worst sell.

What was "infringing"?

[Anonymous Coward]

Exactly which copyrighted material do they allege to own? I notice that the note you copied doesn't include that. It's supposed to.

IANAL. You should talk to one. If you really haven't infringed upon any of their copyrights, it may be appropriate to file a counter-notice and go after them. This is especially true given that I thought they were after you for *trademarks* and the DMCA doesn't allow Takedown notices for trademark infringement SFAIK. But that's why you get a LAWYER, mind you, because "so far as I know" doesn't cut it in court.

Frankly, I'm betting they're just hoping you don't know and wanting to take down your page. Of course, Wordpress dies the minute two or more people try to use the site at once, so Slashdotting it was far more effective than any takedown or C&D letters.

But talk to someone who is a lawyer and does know. Because I suspect their lawyers are being lazy assholes and hoping you fold without a fight. They may have a case on the trademark bit, though. I don't know. Be sure to mention ALL the facts to the lawyer, because it may be easier to settle even on the parts where they might be wrong just to avoid the parts where they might have a case.

Which is why you listen to their advice, not mine, except for the "get a lawyer" bit :)

Re: vanishingly low?

[Anonymous Coward]

I just go to BestBuy to meet, errr exceed, my monthly E-M radiation quota.

Is it bad that I shock everything I touch? Should I be worried about that?

No, I'm pretty sure I can still have kids, why do you ask?

What to do with a C&D letter

[Anonymous Coward]

1. Wipe your ass with it.
2. Send it back.

Re:What to do with a C&D letter

[Dunbal]

1. Wipe your ass with it.
2. Send it back.


Heh, with the craziness and overreacting nowadays the sender would probably be arrested on "bioterrorism" charges. Better not.

Re:What to do with a C&D letter

[Faylone]

If my memory serves me correctly, I've seen signs in a post office saying you couldn't send materials that were a biohazard, even before 9/11/01

Appropriate Reply

[jetpack]

I think the correct response to this cease-and-desist letter would be a fuck-off-and-die letter.

Re:Appropriate Reply

[Dunbal]

I'm sure those swashbucklers at "The Pirate Bay" would be more than happy to lend a hand in wording the reply.

C&D to Blog retracted before story hit /.

[thehossman]

While the C&D to Improv Everywhere and Neighborhoodies still stands (although the shirts seem like clear parody to me) If you actually look at laughingsquid.com you'll see that BestBuy apologized for sending them a C&D for reporting about the existence of the shirts as a matter of fact, and acknowledged they were in error.

Trademark - only applies to similar companies

[smaddox]

My understanding of trademarks is that they are meant to protect a company's brand. In which case, I fail to see how this infringes, as Best Buy does not sell T-shirts, and therefore no customer could possibly be confused.

It's kinda like the difference between Apple Corps Ltd. and Apple Inc.. One is a record company, and one is a computer company. Neither infringes the other's trademark, because they don't deal in the same products (or atleast they didn't until Apple started selling songs on iTunes).

Re:Trademark - only applies to similar companies

[Anonymous Coward]

In a word, dilution. Best Buy's uniform is protected because it has a "seconday meaning" such that when you see someone in a blue shirt with a yellow emblem you immediately think of consumer electronics. If a grocery store has a similar uniform there are four possibilities:

1. Consumers assume BB has gone into the produce business, resulting in consumer confusion when they try to return rotting fruit to their local electronics retailer.

2. Consumers aren't confused, but the grocery store has such terrible quality that it "tarnishes" the association such that whenever you see a Best Buy store, you keep walking because those uniforms reminds you too much of the rotting fruit you got stuck with the other day. (Example we got in class was a strip joint called Tiffany. Guy who goes there may have an association whenever he passes Tiffany Jewelery such that his guilty conscience keeps him from buying gifts for his wife b/c it's hard to shop for her w/ a mind full of strippers.)

3. The grocery store has an aisle where they sell headphones and telephone cords and the consumer starts to think, "anywhere I see a blue uniform I know I can buy electronics accessories," and the meaning becomes generic. Think Thermos or Aspirin.

3a. Grocery store may be banking on BB's "good will," banking on the idea that every time the customer sees the uniform they will expect the same service and quality they've come to identify with BB. With BB that sounds goofy, but think about all of the awful white plastic audio accessories called iWhatever. If customers start to think iWhatever is crappy and therefore don't buy the next Apple iGadget, there's a loss there.

Case example for 2 & 3 is MOSLEY, where Victoria's Secret sought to enjoin a porno store called "Victor's Secret" (and then "Victor's Little Secret") which sold mostly adult wares including lingerie. Failed on 3) b/c there was no indication anyone had- or would- get them confused. Court sent it back on the second point to see if there was any evidence to support the argument.

Back to studying for IP final on Friday...

Re:Trademark - only applies to similar companies

[Anonymous Coward]

As far as the blue shirt with a yellow tag, I agree. But just a blue shirt with khaki pants, no. I know several utility companies that were wearing blue shirts with khaki pants YEARS before Best Buy was ever in business, and a couple of them actually have yellow logos (not price tag style) on the shirts. It's just a normal uniform. What would Best Buy do if two or three guys from a local utility decided to stop there during their lunch break to do a bit of Christmas shopping? Freak out? Really want to piss off the power company or gas company or local telephone company?

Re:BackSlashdot! Stuff that mattered to old nerds!

[TaoPhoenix]

So I got tired of the weird division fractions when I divide MMMLXXXVII by LXVIII ...

Did you hear, some guy on the Silk Road Trade route invented this "nothing" thingie? I'm not sure how "nothing" can be something, but it apparently makes math so much easier, even children can do it!

IT Angle???????

[Anonymous Coward]

I am really getting sick of this type of story that happens to make it to the /. frontpage. Sure, it has something to do with a website, but FFS there is nothing else in the story that remotely relates to IT. /. is soon becoming like every other news/commentary website around. I'll get my coat and head back to elReg.

Re:Are they going to go after the T.V. Show "Chuck

[PitaBred]

That's still one too many

Re:Are they going to go after the T.V. Show "Chuck

[DaveAtFraud]

Good point although Anna Wu (Julia Ling) seems to be reasonably competent. The show doesn't really bring out much about the remaining Nerd Herd.

Cheers,
Dave

Re:Standard Operating Procedure for BB

[Anonymous Coward]

Someone must drive grammar-nazis totally nuts with those mad skeeels.

Own Joke

[kurtis25]

Best Buy didn't want the improve group being the only one getting laughed at.

My apologies, but I have to say it...

[Anonymous Coward]

If it will make you fell better, I'd say that you're a candidate for this category.

Now get cracking on that sign with the infinite grid of resistors...

Never shop in Khakis.

[RingDev]

A lesson I learned long ago. If you walk into a retail store wearing khakis and a polo shirt, people will assume you work there. Even if your shirt is a different color and missing the store logo, they will just assume you are a manager.

-Rick

C&D to the TV show "Chuck"

[spazoid12]

Clearly their lawyers are bored and need things to do. I suggest somebody tell them to watch the TV show "Chuck"... there's a C&D in the waiting...

Re:Are they going to go after the T.V. Show "Chuck

[cbart387]

I said this before but in one of the episodes (I think it was one of the ones with that chick from the O.C.) someone threatened about going to Buy More's competitor 'Big Mart'. I think we can all guess what that is referring to.

Re:Are they going to go after the T.V. Show "Chuck

[dfsmith]

Did you try yelling "PINEAPPLE!"?

Your host censoring you

[Anonymous Coward]

But if you bypass the censorship you can be sued, which uses the government power to prosecute. Without government intervention, you'd have many possible hosts to post from, but regulation and licensing (from government fiat) limit your possibilities.

Re:Are they going to go after the T.V. Show "Chuck

[Propaganda13]

Do employees or ex-employees of Best Buy feel that Buy More is an accurate representation of Best Buy employees? I worked for Circuit City long ago and I swear every SmartTech employee in The 40 Year Old Virgin was modeled after people I had worked with.

"Poor mom?"

[Tony]

Really?

Just because you are harried and in a hurry does *not* give you the excuse to be rude, especially to some sap making damned close to minimum wage who's just there to help you. If she had been polite to start with, his response itself would've been rude. However, being rude in response to rudeness is perhaps the only valid response.

Re:"Poor mom?"

[zakezuke]

Just because you are harried and in a hurry does *not* give you the excuse to be rude, especially to some sap making damned close to minimum wage who's just there to help you. If she had been polite to start with, his response itself would've been rude. However, being rude in response to rudeness is perhaps the only valid response. I know there are times where it's correct to be a little rude. But really... just saying "can't help you, I don't work here" would have been indicated.

While I agree it's funny, keep in mind that the joke could cost someone their job.

Re:"Poor mom?"

[mr_matticus]

I don't see how a hurried tone automatically translates to being rude. She was rightly upset to think that she was being brushed off by a slacking employee based on the response (given her assumption that poster was an employee).

That "sap" WASN'T there to help, which is the cause of her going to the manager--rightly so. Minimum wage or not, they're getting paid to do a job.

So I don't see where you get that she was rude. That doesn't make the story not funny, but you're piling an awful lot on the woman for what seems to be nothing at all.

to think

[Anonymous Coward]

To think these people now own speakeasy, how's their service offering going to do once they've be assimilated?

Re:never would have heard of this if best buy did

[krotkruton]

When will big companies learn just to let it go and it will quickly die off by itself? Never I suppose. Now thousands of us have just one more reason not to shop at best blow.

They'll learn as soon as they realize it's not a good idea to outsource your PR department to Sony BMG.

think about what could have happend

[Anonymous Coward]

what BB has a problem with is that these people could have done something that would make a customer mad and angry. And beacuse they were dressed like a BB employee, BB will get the blame. Its just like if you walked into Mc'Donalds, saw a person that was wearing a Mc'Donalds uniform, asked them a question (ie: "Where are the bathrooms?") and they tell you to go fuck off. Wouldn't you be mad at the company beacause you thought this was one of thier employees?

WayForward Machine

[Smordnys s'regrepsA]

well for old entries anyway


Yeah, I noticed that was only the old entries, as well. I was really hoping they would not only have the new entries, but that they would have entries from the future as well. Entries.

Re:Are they going to go after the T.V. Show "Chuck

[davidsyes]

Will they whine if they become referred to as "Beast Buyte"?

Legal Parody

[Anonymous Coward]

Parodies are protected by the law. They can cease and desist all they want, but as many others have learned...Levis, Coca-Cola, etc, parody of their logos is protected.

Do you work here?

[The Monster]

(I do tell people "actually, no, I don't work here" but then do my best to answer their question, as I often can)

Are we related? I can be at any store, and people will come up to me and ask questions like I work there. I always assumed it's something about the look on my face; if I don't appear to be bewildered and befuddled, they figure I know what's going on.

And, like you, I often can answer their questions, so maybe they're smarter than we think they are, asking someone they think is knowledgeable whether they work there or not.

Re:Do you work here?

[GwaihirBW]

It probably does have a great deal to do with demeanor . . . when I was visiting MIT as a high-schooler (coming to Boston for the first time from a medium-sized town in the south), a bus driver pulled over and asked me for directions. And while going to college, I seemed to get an abnormal number of requests for direction [at which I failed miserably for cars . . . Cambridge == solid one-way wrong-way streets. "So just turn here, oh nevermind . . . go down to the next . . . wait, that too . . . uh, go forward until you can turn left, then if you can turn left again at the next street, double back to one street up from here. If not, just keep spiraling inward?"].

Re:Do you work here?

[nadaou]

I always assumed it's something about the look on my face

quoth The Monster (227884).

(nothing personal, but you have to admit that it's funny on about the +2 mod level, give or take the uncertainty in mod points introduced by mentioning mod points)

I'm sorry. I have to.

[CelticWhisper]

http://xkcd.com/272/

*READ* Re:back story

[PCMeister]

Given your comment, you obviously didn't read the entire statement:

"One of the few things that could've happened the day of the 'event' was to arrest the 'actors' for trespassing. Unless mistaken, that can only be done lawfully if the manager asks them to leave AND THEY REFUSE, which is where local law enforcement comes in."

Next time, try to quell your excitement for clicking the "reply" button and take a moment to read a comment in its entirety before firing back.

In other words, think before you speak (or write a comment in this case)...

Sorry? Why?

[Mr. Slippery]

Dude. Never apologize for linking to the awesome win that is xkcd.

Re:Are they going to go after the T.V. Show "Chuck

[Anonymous Coward]

I think it was one of the ones with that chick from the O.C.

Don't call it that.

Re:Are they going to go after the T.V. Show "Chuck

[Redlazer]

Competent Nerd Herd?

Absurd.

Devil Store

[Atheil]

I work at best buy, and this is in no way below them. They might be one of the most evil businesses ever conceived. As a sales "associate" (i.e. salesman) it is my job to answer any questions you may have, and supposedly I will do so impartially since I'm non-commission. However, since my managers, and supervisors, are on commission, since they make a portion of the stores profit, they threaten termination and other forms of repercussion in an effort to force the non-commission sales staff to sell their shitty insurance policy (never ever buy Performance Service Plan, ever). In the same way, this C&D is just another way to insure a level of control over the use of their symbol. They don't want it being used in a way that doesn't convey a sense of comfort, since they want potential customers to view it as a seal of assurance. I myself am not allowed to discuss best buy policy, my wages, my fellow employees, or anything that I do at best buy, on my own personal time. This includes the use of "taggy" (the best buy symbol) as an image on one's blog or facebook profile.

Best Buy apologized before ./ ran this story

[ProteusQ]

And that completes all of the good things I can to say about Best Buy.

Re:Standard Operating Procedure for BB

[untaken_name]

Actually, in the song, he doesn't say 'Wu'. He says 'somebody'. Plus, I think you meant 'word is bond'.

Slashdot defence,,.

[mutube]

Wordpress died before there were even 2 comments on the page. Ouch!

An appropriate .htaccess really should be mandatory on WordPress installations. Mind you, I've never really tested it.

Obviously they haven't heard about . . .

[JRHodel]

the 1st Amendment to the Constitution, which (I think still) allows news coverage of civil actions to be unhindered.

But I'm just guessing here.

Why not slash-dot?

[jskline]

How come they didn't also try to silence Slash-dot??? What is this? Are they cowards??? Dirty lawyers!!!

Just like best buy

[AndersOSU]

sorry,but we're out of ulations.

Remember those Mad lunchbox stickers?

[e-scetic]

Does anyone remember those Mad magazine lunchbox stickers parodying a whole range of brand names? I think this was during the 70's.

Is this to say such stickers are now impossible in the current US legal climate?

Different analyses for trademark and copyright

[Infonaut]

Parody is allowed

Acuff-Rose is about a parody version of the song "Pretty Woman" and is only one of many decisions relating to copyright fair use, which is a complicated, very fact-dependent area of the law.

Everyone here has been focusing on copyright fair use, but Best Buy is really primarily concerned with trademark dilution. They have an affirmative duty to police their trademarks. If they don't, the marks could become diluted to the point that they loose legal protection. Fair use analysis for trademarks is different than for copyright.

In trademark, fair use is for good faith use of a descriptive term that has acquired secondary meaning and is now protected by trademark, in a descriptive sense rather than its trademark sense. You can use someone else's mark in comparative advertising ("like Coke, but tastier!"), to describe someone else's product ("Coke is a brand of cola"), or in a fleeting, incidental fashion.

The primary question in trademark law is likelihood of confusion. Will consumers be confused by the t-shirts? Will they think people wearing the shirts are Best Buy employees, representing Best Buy? A variety of factors are examined to determine whether likelihood of confusion exists. The improv folks seems to think there is a high likelihood of confusion, which could weigh against them in court:

It features our yellow Improv Everywhere price tag logo stitched on, and looks exactly like a real Best Buy uniform!

Not that it will get to court.

Re:Different analyses for trademark and copyright

[1u3hr]

Best Buy is really primarily concerned with trademark dilution. They have an affirmative duty to police their trademarks

Yes, but the shirts in question did not have "Best Buy" trademarks. The BB trademark has the words "Best Buy" on a tag shape. The shirts had a similar shaped tag, (and I'm sure I could find many logos and trademarks using that shape) with the words "Improv Everywhere". Obviously meant to resemble BB, but equally obviously not the same. If they had been operating a similar store, maybe the trademark could have been considered an attempt to confuse customers. But as Best Buy does not (as far as I know) sell their own shirts, there is no confusion. You mention that

Will they think people wearing the shirts are Best Buy employees, representing Best Buy?

An interesting question, but irrelevant. In most places you can buy facsimile police or army uniforms freely. Should a shop have greater protection? If the person wearing the "uniform" so attempts to pass himself off as a BB employee, he would be in trouble, but not the person selling him the pseudo-uniform. In the original Improv event they took care never to explicitly claim to be BB employees. And while the police were called, they could take no action, as no laws were broken.

Re:Different analyses for trademark and copyright

[Spazmania]

Me: Letting tech folks like ourselves get tied up in the legal process details can lead to errors in judgment. We think, "Technically I did X, not Y so I'm not really guilty."

You: The BB trademark has the words "Best Buy" on a tag shape. The shirts had a similar shaped tag with the words "Improv Everywhere". But as Best Buy does not (as far as I know) sell their own shirts, there is no confusion.

This is exactly what I was talking about. "They didn't quite copy the logo so its not really trademark infringement." Bull! They created a logo of identical shape and color and put it at the same location and tilt on an identical shirt after behavior (during the prank) in which they exhibited a clear understanding that such a shirt would be mistaken for a genuine Best Buy shirt.

If this went to court, the odds of a judge granting an injunction are quite good.

Re:Different analyses for trademark and copyright

[1u3hr]

If this went to court, the odds of a judge granting an injunction are quite good.

Sorry, I understand your point, but I still disagree. You still fail to differentiate between the person selling the shirt (I maintain, completely legal) and the person wearing it (depending on his actions and how he presents himself, possibly not). This is somewhat like differentiating between gun manufacturers and gun users.

Since this isn't going to court we'll never know.

Well...

[Anonymous Coward]

keeping in mind that every Best Buy store is going to be different...

I started working here in August. I work at Geek Squad, simply as a technician. No, no one makes commission (almost wish I did). The only reason I have to drive sales is to make sure we hit budget every day (so that everyone gets to keep their job), but other than that...

Hearing that managers threaten termination to associates who don't meet quotas? I call BS. If they ARE doing that, call HR and get their asses fired.

So far my experience with the company has been very good. As a 19 year old in a college town I have one of the best jobs in town. We just have fun - truly, the managers can get a little stuffy once in a while, concerned about sales, but it's the holidays.

As for Geek Squad being incompetent - I resent that. I'm a perfectly capable computer technician, and the money that is paid for our services is money well spent. Sometimes it can be overpriced due to the fact that we have flat fees. However, all the guys I work with are certainly worth the money spent.

Anyhow, flame away, but I enjoy what I do and from my standpoint see nothing wrong with BBY.

Anonymous Coward huh

[Kuvter]

Who knows? It might be that Best Buy will send a C&D to Slashdot for covering the website that was covering the shirt. Or even worse, they'll send it for the dupe! Aren't you glad you posted AC? They might sue you for commenting on Slashdot which covered the website that was covering the shirt.

It need not be an exact copy to violate trademark

[Infonaut]

Yes, but the shirts in question did not have "Best Buy" trademarks.

That doesn't necessarily matter. The point is that if consumers may be confused as to the origin of the shirts, that may be enough to prove dilution. Check out Mutual of Omaha Insurance Co. v. Novak (8th Cir.1987) (PDF). A guy was selling "Mutant of Omaha's Mutant Kingdom" t-shirts, which were upon close examination not associated with Mutual of Omaha insurance. The court found likelihood of confusion, and the First Amendment parody defense didn't work

Will they think people wearing the shirts are Best Buy employees, representing Best Buy? An interesting question, but irrelevant. In most places you can buy facsimile police or army uniforms freely. Should a shop have greater protection? If the person wearing the "uniform" so attempts to pass himself off as a BB employee, he would be in trouble, but not the person selling him the pseudo-uniform.

Police and army uniforms are not protected by trademark, as they are not used "in commerce", which is a necessary component of unfair competition (of which trademark is a subset).

Re:It need not be an exact copy to violate tradema

[1u3hr]

A guy was selling "Mutant of Omaha's Mutant Kingdom" t-shirts, which were upon close examination not associated with Mutual of Omaha insurance. The court found likelihood of confusion, and the First Amendment parody defense didn't work

Yeah, it's arguable, but the Omaha case involved copying a graphic, "a side view of a feather-bonneted, emaciated human head". The shirt also used the word "Insurance", the field of business Mutual was involved in. The Best Buy logo is a more generic "tag" shape that I think is only distinctively "Best Buy" if it includes the words, which the shirt did not. The shirt was just a shirt, it did not advertise any business or say anything about Best Buy at all.

Also the document you listed has several dissenting views by judges. So if someone had a few million dollars to spend on lawyers, I think they would have a good chance of defending this case. That's the real reason companies are able to prevail even when they are obviously overstepping their claims, as when they tried to stop bloggers simply reporting the case.

Yep, it's fact dependent

[Infonaut]

Yeah, it's arguable

I agree. Trademark law is very fact-dependent. I was simply pointing out that to infringe, an item need not be a slavish copy of a trademark.

Re:Are they going to go after the T.V. Show "Chuck

[onemorechip]

That will open the door, and Home Depot will sue "Reaper".

Re:Standard Operating Procedure for BB

[cez]

Well in the version I listen too (not even that great of a song IMHO) its Wu, as in CREAM (Cash Rules Everything Around Me) by Wu...

And Nope... meant Word is Born

;)Though Word is Bond works...