Behind the menacing letter in question, apparently: a baffling failure to grasp the context in which the phrase “Academic Advantage” appeared on the popular blog.
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Chronicling the high cost of our legal system
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Behind the menacing letter in question, apparently: a baffling failure to grasp the context in which the phrase “Academic Advantage” appeared on the popular blog.
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And yet Mr. Page’s demand letter seems only to have succeeded in getting his name, and that of his modeling agency, into wider circulation. [Ken at Popehat]
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Lawyers for the National Pork Board, which maintains the trademark “The Other White Meat,” sent a 12-page cease-and-desist letter to a website which had promoted cans of supposed “Unicorn Meat” as the “new white meat.” It is not clear whether Faegre & Benson realized that the cans were a fake product intended for April Fool’s Day. [ThinkGeek] More: Lowering the Bar.
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“If you sell sandwiches that happen to be, oh, 12 inches long, and you dare to refer to said sandwiches as being a ‘footlong,’ then Subway would like to have a word with you.” [Bruce Carton, Legal Blog Watch; cease and desist letter, PDF, via NPR]
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And prints a saucy response. Earlier here, here, etc.
And now someone must pay [The Smoking Gun]
More: Jon Coppelman consults Ogletree’s “settlement calculator”.
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Peabody Energy, by way of St. Louis law firm Senniger Powers, has sent a nastygram (PDF) demanding the takedown of an enviro-activist website that critically mimics the “Consortium for ‘Clean Coal’ Utilization,” of which Peabody is a part. Along with trademark infringement claims, the letter advances a congeries of other legal theories (defamation, tortious interference with contracts) and insists on the total removal of the site. [Citizen Media Law, EFF, Riverfront Times]
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On Tuesday night, I received an aggressive and threatening letter from Martin Singer, Demi Moore’s attorney. It is marked “Confidential Legal Notice – Publication or Dissemination is Prohibited”. However, since Mr. Singer and I have no confidentiality agreement, and it provides essential context to the matter at hand, I have decided to publish it.
Citrano’s original post on Boing Boing discussed evidence that a Vanity Fair cover photo of the actress had been retouched. Now Boing Boing reports that it too, as well as other blogs such as Jezebel, have received nastygrams from Singer, and responds with new evidence on the retouching question. And it adds:
Yes, the discussion at hand is only about an image of a celebrity on the cover of a fashion magazine. But the ability to freely discuss the provenance and technical history of a photo, including those with more crucial news value — say, images of detainee abuse, or Iranian missiles — is a freedom we believe should be preserved.
On the Lavely & Singer firm’s “don’t you dare print this nastygram” demands, see, e.g., this earlier post. More: Scott Greenfield.
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A nastygram from Route 60 Hyundai [Obscure Store, TC Palm, Florida]
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And while you’re at it, don’t you dare post this nastygram either [Don Bauder, San Diego Reader and Jon Katz, KatzJustice via Greenfield; earlier on Hollywood lawyer Martin Singer of Lavely & Singer] More: Moshirnia, Citizen Media Law.
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And now millions more people are going to learn about the funny screwup on the Book’s website. [TechDirt, FAILblog via Citizen Media Law]
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The Corzine Times, a website of the Republican Governors Association publicizing negative news stories about the politically vulnerable New Jersey governor, received a cease and desist letter from The New York Times, which so far doesn’t seem to have seen fit to include that fact for its readers, though other papers have at least blogged about it. [WaPo; USA Today]
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