Wal-Mart vs. Kevin Brancato

Kevin Brancato, a Ph.D. candidate at George Mason who heads the masthead at the economics blog Truck and Barter, also publishes a weblog entirely devoted to following the fortunes (policy and otherwise) of the Wal-Mart Corporation, by the name of AlwaysLowPrices.net (see our cites to it on Apr. 13, 2004 and Apr. 6, 2005). In contrast to the Wal-Mart-bashing line taken by so many other sites, Brancato frequently, though not invariably, rises to the defense of the company and the efficiencies of its way of doing business. This has done nothing to prevent Wal-Mart’s lawyers from sending him a cease and desist letter ordering him to vacate the name and URL “AlwaysLowPrices”, a phrase which is of course Wal-Mart’s service mark. (T&B, Apr. 5). Kevin Heller at TechLawAdvisor (Apr. 6) doesn’t think he stands much of a chance if Wal-Mart goes to court.

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