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Jones Day abuse of trademark law
From: David Farber <dave () farber net>
Date: Wed, 24 Sep 2008 13:36:19 -0400

Begin forwarded message:

From: "Paul Levy" <plevy () citizen org>
Date: September 24, 2008 1:16:58 PM EDT
To: <dave () farber net>
Subject: Jones Day abuse of trademark law

Last week you forwarded a statement about an amicus curiae brief jointly authored prepared by Corynne McSherry of EFF and myself for Public Citizen, and joined as well by Public Knowledge and Citizen Media Law Project, that supported dismissal of a lawsuit brought by Jones Day about claiming that its trademark is infringed and diluted by mention of its name in headlines of articles on the BlockShopper web site, www.blockshopper.com, and by links to the Jones Day web site.

There are, apparently. some arguments in that brief that Jones Day is desperate to keep away from the judge - or, at least, to avoid having to answer - because Jones Day has taken the remarkable step of opposing the motion for leave to file the brief. It argues that the brief should not be accepted on the one hand because it duplicates arguments made by BlockShopper, and on the other because it makes an argument that BlockShopper does not make; because the amicus brief is “partisan” in that it takes one side in the case instead of being neutral; and because I personally blogged about the case in terms that Jones Day does not like. At bottom, Jones Day’s view rests on the notion that amicus briefs should rarely be allowed. Both Jones Day’s opposition and our response, as well as the original amicus brief, can be found here. http://www.citizen.org/litigation/briefs/IntFreeSpch/cases/articles.cfm?ID=14270#jones

Paul Alan Levy
Public Citizen Litigation Group
1600 - 20th Street, N.W.
Washington, D.C. 20009
(202) 588-1000

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