Sticks and Stones: Thinking About Cease and Desist Letter Strategies
The web is alive with links to the response of Kurt Denke, the CEO of Blue Jeans Cable (and former litigator) to cease and desist letter from Monster Cable. http://www.audioholics.com/news/industry-news/blue-jeans-strikes-back. Setting aside the merits of his response, this is a great example of how the life of a cease and desist letter has changed. It has to be assumed that every cease and desist letter will be loaded on to the web and picked apart by those who disagree with the trademark or copyright holder. As a result, it's critical that those of us sending these letters think not only of how the cease and desist letter will look as an exhibit in litigation, but also how it will reflect on the client or company when it's posted on the web.
And, of course, you can get even more ridiculous. Have you heard the one about the lawyer who won a copyright infringement lawsuit for the posting of his cease and desist letter... http://www.prweb.com/releases/DozierInternetLaw/InternetLawyer/prweb650951.htm
