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Merck Threatens Merck With Legal Action Over Facebook URL
angry tapir writes with an excerpt from a Techworld article: "Germany's Merck KGaA has threatened legal action after it said it lost its Facebook page apparently to rival Merck & Co. in the U.S., though it has yet to identify defendants in the case. In a filing before the Supreme Court of the State of New York, Merck said it intends to initiate an action based on the apparent takeover of its Facebook page at www.facebook.com/merck by its similarly-named but unrelated competitor, Merck & Co."
an unreasonable abuse of the legal process.
The temperature of the coffee is what I would call a red herring. It matters not what temperature the coffee was served at... what matters is where the victim was injured. If she tripped on her own shoelaces in the restaurant, and was injured in a fall, McDonald's is culpable. If the temp of the coffee was only 108F, and she incurred her injury on the premises (which she did), McDonald's is culpable for damages. The facts of the actual case are clear that she sustained a rather bad injury on McDonald's premises. It matters not whether McDonald's was negligent afa coffee temperature. What matters is that she was severly injured on McDonald's property with McDonald's product, irregardless of what that product was. Imagine a kid in Toy r Us... Mom buys him a toy which he promptly chokes to death on in Toys r us. Toys R Us is absolutely culpable and any case brought against them is most certainly valid and necessarily non-frivolous. Same is true of the McDonald's coffee case.
The Admin and the Engineer