|
General Asylum General audio topics that don't fit into specific categories. |
|
|
|
General Asylum General audio topics that don't fit into specific categories. |
|
In Reply to: Mcintosh lawyer harassing me - What should I do? posted by Ethannnn on February 23, 2004 at 07:12:05:
... I am pleasantly surprised to see the great interest that the reported exchange of communications engendered. I suppose the interest illustrates the general perception that The Law and business law in particular is accessible to all. This may not be true.The first communication from Mac was probably initiated by someone at corporate. Lawyers retained (in house or outside on TM or IP matters) typically do not cruise internet sites to find infringing or unfair behavior (too expensive). Typically, a corporate staff person (a clerk or paralegal) cruises for infringing instances and makes recommendations to a supervisor who makes an initial evaluation (or not depending upon their workload), before "referral to legal." Form communications are used with fill in the blank details. Sometimes an inexperienced paralegal or junior lawyer cuts and pastes one form for a different end use. Then, the resulting language may be non-sense.
An email (or letter) from a lawyer does not necessarily mean that the expression represents established law. I do not know the language used in the first instance that raised the purported objection. But it is unlikely that federal trademark or intellectual property law is implicated. If the seller is not in the trade or "business" (variously defined by states to be broader than one may at first think) of selling home electronic equipment, it is unlikely any state TM or IP law is implicated. So, it may be that the email was sent (as speculated by others) for a reason other than to advise a layperson of potential infringement or unfair trade practice. I know may clients who think a lawyer's letter shows that the client is big and powerful and will unleash the contents of Hades upon those that dare behave contrary to the desires of the client. The idea to remember is that lawyer communications often overstate a client's position. (Duh.) That is what lawyers are paid to do.
Ebay.com's conduct presents a different issue. When a seller lists and item (or orginally signs up) on Ebay, the seller agrees to all the text Ebay incorporates into its site use agreement. Some of that text refers to "potentially" (not "probably") misleading item sales listing text. The way I read Ebay's various terms, the seller agrees to let Ebay's designees (certain manufacturers and trade groups) judge whether listing text is "potentially" problematic. Thus, the heavy handed removal of the "objectionable" listing. It is Ebay.com's policy that promots the result that seems so wrong. Without the Ebay policy, the lawyer's email has no impact and in the world outside Ebay, no effect.
Ian Lochridge
This post is made possible by the generous support of people like you and our sponsors:
Follow Ups
- As a business litigator with IP experience ... - lochrider 07:47:02 02/24/04 (2)
- I recommend a call to the marketing manager at MacIntosh... - Jim Stoneburner 17:54:46 02/24/04 (0)
- Thank you! - Terry 13:37:11 02/24/04 (0)
Top of Page ]
[ Contact Us ]
[ Support/Wish List ]
[ Copyright © 2026, Audio Asylum, all rights reserved ]
