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Author Topic: Social Shaming - The Latest Response to Cease and Desist Letters  (Read 3985 times)

Robert Krausankas (BuddhaPi)

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Social Shaming - The Latest Response to Cease and Desist Letters
« on: November 21, 2011, 04:44:47 PM »
Cease-and-desist letters remain an effective tool for stopping trademark infringement without the expense of litigation. However, “bullying” smaller competitors with far-fetched infringement allegations may land yourself and/or your company in a social media nightmare. Individuals and organizations on the receiving end of cease-and-desist letters are increasingly utilizing internet sensations like Facebook,™ Twitter,™ and YouTube™ to launch “shaming” campaigns against their accusers.

Same principles apply to copyright, again if you step into the arena, be prepared to be called out!


http://www.fredlaw.com/areas/trademark/Articles/trade_1111_llm.html
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

Matthew Chan

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Re: Social Shaming - The Latest Response to Cease and Desist Letters
« Reply #1 on: November 23, 2011, 05:21:11 AM »
Most of those cases seemed very heavy-handed against the little guy.  When you are smaller, trying to outspend and outlawyer a larger opponent is a bad idea.  Publicity, creativity, and being fast-moving helps smaller companies equalize the fight a bit.
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

SoylentGreen

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Re: Social Shaming - The Latest Response to Cease and Desist Letters
« Reply #2 on: November 23, 2011, 11:31:29 AM »
Those letters about trademark infringement are trash.
Unless the trade name can be confused with an existing and competing product, the territory is the same, and the product is of the same kind, it's utterly a waste of time.
That's why there could be "Eagle" pencils and "Eagle" tires in the same market.

S.G.


 

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