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Chicago Law Firm Sues Over Hyperlink To Trademarked Name
TheSpoom writes "Large Chicago law firm Jones Day are suing internet startup BlockShopper over the issue of whether linking to a business with their trademarked name should be legal. It would seem they are using trademark dilution as a tool to get BlockShopper to cease linking to their website. The EFF has filed an amicus curiae, as might be expected. If Jones Day wins this suit, anyone linking using a trademarked name may be in legal hot water."
Jones Day(TM) is going to have to get in line. SCO has existing use claims on linking litigious bastards, based on their extensive use of the mark between 2002 through present.
It's too bad the legal system isn't more accessible to the common man or baseless suits with intent to crush or scare wouldn't get filed so often.
Javascript + Nintendo DSi = DSiCade
Man, cant the lawyers fight something that is more useful, like crooked Wall Street firms? What a waste of the court's resources.
You don't want us to drive traffic to your site? Fine by me.
What if I do the same thing, and I do get different results?
So, let's get this straight. You'd like people to be attracted to your business, but you don't want them to use your Name....
Kind of defeats the point in having a website, really.
"She's furniture with a pulse"
Large Chicago law firm Jones Day are suing internet startup BlockShopper over the issue of whether linking to a business with their trademarked name should be legal.
Yes, it should be.
"RPGs? Try White Wolf or Wizards of the Coast."
Trademarks exist to differentiate businesses. You have an ABSOLUTE RIGHT to use somebody else's trademark to refer to them or describe their product. Any law that says otherwise is fundamentally flawed, and violates the first amendment.
A trademark is a name, and names are fundamental to speech.
We see a lot of nonsense of this kind, so this particular case is not in any way remarkable.
However, every time that such a case pops up, I find myself asking the same question: why are the lawyers who actually submit these suits on behalf of their companies such utter idiots that they allow it to happen, let alone instigate it?
"Because their CEO tells them to" is no answer, because lawyers are hired to give legal advice, not to say "Yes" --- in fact they have to give good advice as a professional responsibility. So why are they not saying "No John, we can't really do that, and not just because of the PR repercussions, but because of what it would entail if everyone did this on the net." And then explain how such things would simply destroy the Internet if successful.
Why is this not happening? Instead, the lawyer profession US-wide (and a bit beyond US boundaries too) is acting like IQ 20 submorons with extra helpings of stupidity and a total lack of social conscience and zero professional pride.
What's going on? I just can't understand this at all.
Its not invasion of privacy to post publicly available information on the internet.
The purchase and sale of property is a mater of public record and are generally listed in the classified section of your local news paper. Taking that information and combining it with the results of a google search on the buyer or sellers name is certainly not invasion of privacy, though it might make you re-think the kind of info you put on line.
Im still not quite sure what the point of the web site is though.
"In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson
Lots of companies seem to think that trademark is a blanket rule to prevent others from talking about you (consider that the NFL thinks you can't mention team names without their permission!). It doesn't help that there's the occasional idiot judge who upholds that kind of thing.
Well, as I said all those regional law firms are merging with each other to become national/global law firm, or at least try to give that impression in their marketing materials.*
I am just wondering about why the illogical label of "Chicago law firm" on Jones Day. When people talk about "Chicago law firm," people think about Kirkland & Ellis, Mayer Brown, MWE, Sidley Austin, Jenner Block, etc.
*Generally speaking. Law firms with niche practice will plug their location, administrative law/regulatory focused law firm will highlight their Washington DC office. IP law firms highlight their silicon valley office. Corporate law firm used to highlight their NYC/London offices, but who knows those day.