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01/05/2014

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Dave from Phila

Don't hold it against me - but I happen to be lawyer. Regarding the Starbucks letter ... I find lawyer letters to small Mom & Pop operations that used a logo (or whatever) that in some alternate universe created "confusion" utterly absurd. Truth be told, they piss me off. But, sadly there is a tiny kernel of legal truth to the letters. A valid action to defend/protect a trademark that truly has been infringed by a competitor can be defeated if the defendant can establish the plaintiff has not taken prior steps to protect its trademark. With the power of the web, it is nothing for a defendant's attorney to find puny operations in Saskatchewan and East Jesus and ... "You Honor, this baseless Complaint must be dismissed. The plaintiff completely and utterly did nothing with respect to these obvious infringements in utter disregard to its obligation to defend its trademark!"

Mike Peterson

Yeah, that was the "at least" part. I got a nastygram from the Clorox people once and the problem was that I was quoting someone. I suppose they would have liked me to put (brand chlorine bleach)within the quote, but, hey, they wrote their letter and we didn't act on it because we knew it was just evidence of their continued rigor.

I suppose, by the way, that your local bar association could send a similar letter to Woody Guthrie, but, at this late date, that would probably just be a Band-Aid brand adhesive bandage solution.
http://youtu.be/w9hMcXVaXF0

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