Posts Tagged ‘nastygrams’

Domain name nastygrams

I find these letters depressing. These are the kind of letters that cause people to hate lawyers.

Notice of the problem and the trademark holders’ intent to file a claim are required by the [Anticybersquatting Consumer Protection Act], but the tone of these letters is not. Instead of nicely explaining what the law is, what the goal is and how appreciative the trademark holder would be if the domain name holder was courteous enough to transfer the name as requested, these letters bombard the recipients with legal jargon and serious threats without context or explanation. …

When I have a client on either side of the cybersquatting scenario, I urge starting with the polite request approach. Usually, I can succeed that way through some polite explanation of the law over the phone and a little patience. That approach also costs my clients less that either court or arbitration would since both of those require filing fees and lengthy legal briefs. More importantly, solving disputes through discussion makes me feel good and helps me prove that, at least occasionally, lawyers can act like human beings and make someone’s day instead of ruining it.

(Judith Silver, Cybersquatting Ain’t What It Used To Be).

Nastygram in Luskin’s inbox

Economics columnist and blogger Don Luskin, subject to criticism in this space and many others in 2003 when he threatened legal action against another blogger, is now himself being threatened with legal action by Worth Publishers, a company that publishes a textbook by frequent Luskin target Paul Krugman. Worth is alleging defamation and copyright violations arising from one of Luskin’s blog posts last December. Just One Minute has the details (Mar. 8).

More weblogs threatened with lawsuits

The widely discussed Luskin/Atrios affair last fall (see Oct. 30) was just the start, it seems, as far as webloggers being menaced with litigation over their sites’ contents. In November Justene Adamec of CalBlog (Nov. 14) received a demand letter from a lawyer for a telemarketing firm “threatening to sue me and ‘my agents’ for invasion of privacy, misrepresentation and interference with economic relations” because of critical discussion about the firm in readers’ comments at the site. See also Damnum Absque Injuria, Nov. 9 and Nov. 14 and Right on the Left Beach, Nov. 15 and Nov. 17, which have useful information on the workings of this particular telemarketing firm/directory publisher, Infotel by name. And last month Michael Airhart at Ex-Gay Watch (Dec. 23) received a letter from LightHouse World Evangelism, Inc. located in Rohnert Park, Calif., threatening a defamation suit over a post in which Airhart expressed decided doubt about the medical claims made by Pastor Matthew C. Manning, who has appeared on Pat Robertson’s broadcast “700 Club” to say that he was healed by faith from HIV/AIDS.