Overreach in demand letters

by Walter Olson on January 6, 2014

Joe Patrice, Above the Law:

But put aside whether Spin Master can win this infringement claim on the merits, consider what they asked for in their demand letter, as explained on You Rather’s blog:

1. Stop using “You Rather” and any other phrases that are similar to “Would you rather”. This includes one (yes, really) or more of the words “Would”, “You”, or “Rather”.
2. Hand over our yourather.com domain immediately
3. Tell them how much money You Rather has made (presumably to ask for that too)
4. Pay for their lawyers

“One or more of the words ‘Would,’ ‘You,’ or ‘Rather.’” Presumably this is meant to prevent You Rather from just rearranging words, but this is a demand letter, not a contract. There’s no need to get cute and ask the website to agree to abandon any use of the word “you.” This is why people hate lawyers.

{ 2 comments }

1 Boblipton 01.06.14 at 8:39 am

Don’t be modest. There are many reasons people hate lawyers and lawyers are working hard to come up with new ones every day.

Bob

2 Ron Miller 01.07.14 at 4:36 pm

I read this article. It really was very well done.

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