Thursday, July 26, 2012

Apple Seeks to Trademark Its Distinctive Startup Chord Sound

The Patently Apple Blog informs us that Apple has sought to register a federal trademark for the distinctive chord that one hears whenever a Mac boots up:

The Mac Chime



A sound trademark is protectable.  According to the United States Trademark Office, a sound mark "identifies and distinguishes a product or service through audio rather than visual means."  Examples include: (1) a series of tones or musical notes with or without words; and (2) wording accompanied by music.


The legal test to determine whether such a sound can properly serve as a trademark "depends on [the] aural perception of the listener which may be as fleeting as the sound itself unless, of course, the sound is so inherently different or distinctive that it attaches to the subliminal mind of the listener to be awakened when heard and to be associated with the source or event with which it struck."


This wordy test was articulated by the US Trademark Trial and Appeal Board when General Electric sought to trademark the timed toll of a ship's bell clock in the 1970's.


Many companies have been successful in registering distinctive sounds as non-traditional trademarks:  MGM and its famous lion's roar; the triple NBC chimes; Intel and its three-second chord sequence used with the Pentium processor; and THX and its "Deep Note."


Other interesting sound trademarks include the Mister Softee ice cream truck jingle, and the buzz of a Star Wars lightsaber, specifically described as "the sound of an oscillating humming buzz created by combining feedback from a microphone with a projector motor sound."


But not all sound trademarks are so easily registered. Harley-Davidson attempted to register the specific "chug" of a Harley Davidson motorcycle engine as a trademark.


Nine of Harley Davidson's competitors, including Kawasaki and Honda, quickly filed oppositions against the motorcycle manufacture application, arguing that cruiser-style motorcycles of various brands use the same crankpin V-twin engine that produces the same exact sound. The competitors vehemently argued that the doctrine of utilitarian functionality prohibited such a trademark. After six long years of litigation, Harley Davidson withdrew its application.

Wednesday, July 25, 2012

The Chick-fil-A Gay Marriage Controversy: When Brands and Politics Collide

The Cathy Family / Chick-fil-A Website
Privately-owned, Georgia-based fast food chain Chick-fil-A is apparently not afraid of courting controversy.  

Company President Dan Cathy recently gave an interview to the Baptist Press in which he said he was "guilty as charged" in support of what he called the biblical definition of a family.  

This was not a slip of the tongue.  Indeed, on the Chick-fil-A corporate website, Mr. Cathy's biography confirms that his "personal passion" is "to glorify God by being a faithful steward of all that is entrusted to us."

As evidenced by these statements, Chick-fil-A represents a "red brand," that is, a mainstream consumer brand that appeals to some purchasers by openly espousing principles that tend to fall on the conservative/Republican end of the political spectrum.

According to a recent survey, which confirmed previous findings published by AdAge in 2010, political viewpoints strongly affect consumer loyalty and perceptions.  And there are plenty of brands to go around, regardless of your particular political viewpoint.

Studies consistently show that "Blue brands," or those top companies favored by liberals/Democrats include Google, Sony, Johnson & Johnson, JetBlue and Ben & Jerry's.
Ben & Jerry's "Occupy Wall Street" Banner / Ben & Jerry's Website

Most of the time, these brands' outward expression of philosophical principles that overlap with political views still allow them to prosper by maintaining a strong customer base by remaining loyal to those principles without significantly alienating those who share a different viewpoint.  The simple reality is that Ben & Jerry's viewpoints, no matter how controversial, simply haven't negatively affected overall sales of their popular flavors.

But sometimes, mixing consumerism with politics can turn ugly.  And Chick-fil-A has become a case in point.

Mr. Cathy's interview led to the fast food chain's expansion facing significant, vocal opposition from Chicago Mayor Rahm Emanuel and Boston Mayor Thomas Menino, who has called the chain a direct insult to gays, and has informed the company that it is simply not welcome in Boston.

Putting aside the First Amendment implications of these threats, it is clear that when a brand wades too deeply into political waters, there can be undesirable economic consequences.

Court Finds Infringement No Laughing Matter, Doubles Damages to $4.6M

After a jury found a likelihood of confusion in a case involving the trademark GRANDMA SYCAMORE'S HOME MAID BREAD, U.S. District Court Judge Dale A. Kimball doubled the jury's damages award to $4.6M.

Leland Sycamore, the Utah entrepreneur who originally created Grandma Sycamore’s Home Maid Bread, was ordered to pay the hefty damages to the company to whom he sold the name in 1998.

The Court ruled that the damages awarded to the plaintiff by the jury were inadequate given the lost sales and damage to the goodwill of the plaintiff.  The Court also noted there was evidence of willfulness, as the defendant had apparently joked about ignoring the plaintiff's cease and desist letters.

In 1998, the Defendant had sold the Grandma Sycamore’s trademark, business goodwill and trade secrets to Metz Baking Company, which was later acquired by the Sara Lee Corporation.

Leland subsequently started the Sycamore Family Bakery and began marketing a variety of breads identical to those marketed under the Grandma Sycamore’s brand. 

As part of the deal, Sycamore was given an exclusive license to use the Grandma Sycamore trademark in a limited number of areas outside Utah, only if given written approval from Metz.

A decade later in 2008, Sara Lee sent Leland a letter demanding that he refrain from using "Sycamore" or any other component of the trademark for any bread or bakery products, but Sara Lee received no response to that or three subsequent demand letters.

The Court noted that, on the defendant's bread packages, the name "Sycamore Family Bakery, Inc." was repeated 24 times above an image of a teddy bear holding hearts — similar to the hearts incorporated in the Grandma Sycamore’s packaging. The new business also marketed the bread as the "original granny bread" and "original version" of Grandma Sycamore’s.

Judge Kimball had granted the plaintiff's motion for a preliminary injunction in October 2009.  The judge had found that instances of actual confusion among both consumers and food distributors constituted persuasive evidence that consumers would likely believe that the "Sycamore family" was making both bread products, and that the defendants deliberately adopted the similar trademark to unlawfully benefit from its reputation.

Warner Brothers Studio Faces Legal and Public Relations Nightmare


Amidst the current news reports that The Dark Knight Rises’ actor Christian Bale made a surprise visit to the survivors of the Aurora, Colorado theater massacre, was a curious comment:

“Mr. Bale is there as himself, not representing Warner Brothers,” reportedly said an assistant to Susan Fleishman, the executive vice president for corporate communications at the movie studio.

But why would the studio seemingly want to distance itself from Mr. Bale’s charitable and apparently welcome visit?  

To be sure, the movie studio has already made a substantial donation to the victims, and is obviously not callous or indifferent to the suffering caused by the worst mass shooting in U.S. history.
Carey Rottman with Christian Bale / Facebook
Rather, the answer may have more to do with the unfortunate position that Warner Brothers now faces from both a legal and public relations perspective.

First, the Warner Brothers’ “Dark Knight” franchise is regrettably forever linked as part of the Colorado shooter’s motives, as the suspect appeared in a Colorado courtroom earlier this week with hair dyed red and orange, reportedly claiming to police that he was the Joker character played by the late Heath Ledger.

Warner Brothers’ desire to at least try and keep some distance between itself and the tragedy to avoid civil liability is not based on paranoia.

Indeed, one of the shooting victims has already filed a lawsuit against the studio, alleging that the violence depicted in the Dark Knight films is a legally contributing factor to the shootings. (That same suit has also in turn blamed the lack of security at the movie theater, and the suspect’s doctor for failing to treat him properly).

Plaintiffs’ lawyers may want to take advantage of a reasonable cooling off period before firing off such lawsuits.  The criminal investigation has barely just begun, and will undoubtedly shed much more light on the suspect’s state of mind, motives and conduct in weeks and months to come.

It is worth noting that civil lawsuits blaming content creators for the criminal acts of deranged minds have a tendency to fail.  And, in fact, Colorado has precedent nearly on point:  Nintendo of America, Activision and Sony Computer Entertainment were named as defendants in a civil lawsuit filed by the families of the 13 victims killed in the 1999 massacre at Columbine High School in Littleton, Colorado.

That lawsuit was aimed at 25 entertainment companies in total and sought $5 billion in damages.  Ultimately, the case was dismissed by a Colorado federal court in March 2002, with the Court finding that the media and videogame companies could not have reasonably foreseen that their products would cause the horrific events that occurred in the Columbine massacre or other acts of violence.

"Setting aside any personal distaste, as I must, it is manifest that there is social utility in expressive and imaginative forms of entertainment, even if they contain violence," District Court Judge Babcock wrote in his opinion.






Thursday, July 19, 2012

The "Trashing" of Coke: Product Disparagement or Free Speech?

By Panhard [GFDL  CC-BY-SA-3.0] / Wikimedia Commons
Are you legally permitted to depict your competitor's products in a heap of trash to make an environmental comparison? Coca-Cola doesn't think so.


The megabrand's trademark lawyers recently sent a cease and desist letter to a soft drink competitor called Sodastream, about its new, aggressive international advertising campaign.


Sodastream sells a variety of flavoring and carbonating devices that allow consumers to essentially create and bottle their own soft drinks.  Part of Sodastream's pitch is that it claims to be more environmentally-friendly than its pre-packaged soft drink competitors.



In 2010, after a successful IPO, Sodastream launched an international campaign purportedly aimed at raising awareness of bottle and can consumption. The campaign involves the display of 9-cubic meter cages in various countries, each containing 10,657 bottles and cans gathered by Sodastream from landfills. 


Begun in Belgium, the "Cage campaign" has since visited 30 countries with the message that the waste produced by one family over the course of five years from beverage containers – 10,657 bottles and cans – can be replaced by a single Sodastream bottle.


On its website, Sodastream makes the following environmental and competitive claims about its products:


Eirik Newth / Creative Commons
"One SodaStream carbonator makes 60 or 110 liters, equivalent to 170 or 310 aluminum cans! When empty, the carbonator is refilled and reused, ready to make more fizzy and tasty soda whenever you want it."


While Coca-Cola's demand letter is focused on allegations under South Africa's unfair competition law, the broader legal question is relevant within the U.S., as well.

Indeed, this question is particularly germane given Sodastream is apparently bringing its marketing campaign right to Coca-Cola's doorstep in Atlanta, Georgia.

Despite arguments that such advertising is protected free speech under the First Amendment, the use of a competitor's branded product in such a commercial manner may nonetheless be actionable under U.S. intellectual property law.

First, federal trademark law contains an anti-dilution provision, which prohibits the use of commercial advertisements which dilute a brand by "tarnishment." Dilution can be actionable even if the consumer is not confused as to the source of the goods being advertised.

Second, by creating a heaping pile of trash made up (at least in part) of Coca-Cola branded products, Coca-Cola could argue that there is an implied and unfair product and brand disparagement that harms its goodwill among consumers without justification or substantiation.

Sodastream would presumably counter by claiming that the Coca-Cola product is not being disparaged.  Rather, Sodastream could contend that it is merely engaging in a form of truthful, protected free speech that accurately demonstrates the environmental impact that canned soda has.

In the end, if ever litigated, the final outcome in the U.S. would turn on whether a Court would consider the Sodastream campaign a form of constitutionally protected free speech about the environmental impact of a competitor, or nothing more than trademark dilution and product disparagement by an overly aggressive upstart.

Kate Middleton's Family Website Examined for Compliance by Olympics

 Screenshot of PartyPieces.co.uk
In a stark reminder of just how seriously brand protection is being taken by London Olympics officials, even the party products website managed by the family of Kate Middleton is being scrutinized to ensure compliance with extremely strict branding guidelines, according to Time magazine.

The Middleton family's website, PartyPieces.co.uk, is advertising party goods under the heading “Let the Games Begin” and even had a ring toss game in the Olympic colors.

An official on behalf of the London Organizing Committee of the Olympic Games (LOCOG) said of the Middleton's website: “There are no infringements and the products are fine.  We will ask them to make minor changes to some copy.’’

Olympic enforcement officers have begun patrolling venues throughout the UK to ensure traders are not illegally associating themselves with the games.

A LOCOG spokeswoman reportedly said: “We will act if there is a commercial tie-in in any way.  We will ring and explain the obligations and most times this dialogue is friendly, people are usually doing it to be part of the fun, but companies are not allowed to promote an association with the Games if they are not a sponsor.”

UK Student Faces Extradition and 10 Years in US Prison for Aiding Piracy

By Hellerick (Own work) [Public domain], via Wikimedia Commons
The New York Times is reporting that the US Department of Justice is seeking to have Richard O’Dwyer, a 24-year-old college student from Great Britain, extradited on criminal charges of copyright infringement. The possible punishment: 10 years in a federal penitentiary.

In 2008, O’Dwyer first set up a website, TVShack.net, which allowed users to search for and link to other sites, including ones that the federal authorities argue showed pirated movies and television shows.  

The US government shut down TVShack.net in summer 2010.  But Mr. O’Dwyer was apparently unbowed.  TVShack.net had been growing in popularity, and it made about $230,000 from advertising over the course of two years, federal prosecutors claim.

“America? They have nothing to do with me,” Mr. O’Dwyer had declared, according to his mother.  He then subsequently reopened his site as TVShack.cc, which he reckoned was beyond the reach of the United States.  He was wrong.

A few months later came a knock on the door from the British police. A judge ruled that Mr. O’Dwyer would not be prosecuted in Britain.  Instead, the US Department of Justice would seek to extradite him.

Prosecutors also claim that O'Dwyer was well aware that the material was copyrighted.  They cite an announcement on TVShack that urged users to be patient with download times because they were “saving quite a lot of money (especially when putting several visits to the theater or seasons together).”

The British home secretary has approved the extradition order and reaffirmed recently that she would let the order stand. O’Dwyer has appealed and a hearing in British courts is expected this fall.

Who Owns Police "Mug Shots"?

Unless you are John Gotti or Robert Downey, Jr., if you have ever been arrested and had your police "mugshot" taken during routine booking procedures, you may find yourself staying up at night worrying about where that mugshot may someday end up. 

Depending on your level of notoriety, websites such as MugShots.com and TheSmokingGun.com are giving some people good reason to worry about just that.

MugShots.com calls itself a “search engine for Official Law Enforcement records, specifically booking photographs." While TheSmokingGun.com focuses on historical and "high profile" figures, some websites have been accused of "extortion" and "blackmail" for publishing mugshots of wholly private individuals who were -- at some point in their lives -- accused of crimes ranging from disorderly conduct to armed robbery.  Some of these sites will offer to remove your mugshot, for a fee of course.

Putting aside the thorny privacy issues involved, an intellectual property question has been raised:  "Are these mugshots in the public domain?"

The answer from an intellectual property practitioner's perspective is that mug shots are not necessarily in the public domain, and third party websites do not possess an automatic exemption from infringing otherwise validly owned federal copyrights.

According to the MugShots.com website, "originally collected and distributed by Law Enforcement agencies, Booking records are considered and legally recognized as public records, in the public domain." That site claims that it "republishes these Official Records in their original form ("as is") under the First Amendment to the United States Constitution, the freedom to publish true and factual information. Our intent is to provide a legitimate and useful service for both the private and public sectors."

MugShots.com goes on to say that "all information on the mugshot pages on Mugshots.com was originated [sic] with law enforcement agencies.  We publish the information "as is" and do not edit it."

There are several serious flaws with these legal arguments.

After 1976, the Copyright Act provided that copyright attaches automatically upon the creation of an original work that is fixed in a tangible medium of expression. After 1976, copyright protection is automatic and vests instantly in the photographer.

Therefore, after 1976, when a police officer or civilian photographer stood behind a camera and snapped a mugshot, it is that photographer who technically owned the copyright in the image the very instant it was created in tangible form.  Before that, much stricter copyright notice requirements applied, forcing many photographs published without notice into the public domain.

Elvis Presley in a 1956 mugshot/
Wikimedia Commons / Public Domain
If the photographer was an employee of the U.S. federal government, then the legal analysis ends.  The U.S. federal government has openly disclaimed any and all copyright ownership in its documents, including mugshots.  Therefore, such mugshots, once released, are freely in the public domain for copyright purposes, and can be reproduced, altered or used in any form without violating federal copyright laws.  (It is worth noting that a federal appeals court recently ruled that there is no Freedom of Information Act obligation for the feds to release mugshots).

However, thousands of the mugshots that appear on these sites appear to have been taken by photographers that were employed by state and local police and sheriff’s departments, and who took the photographs in the course of their duties.

In those cases, the individual photographers who took the mugshots presumably entered into an employment agreement assigning ownership of the photographic work product to their employers.  So whatever copyright inhered in the mugshots when they were first taken by the photographer would be assigned to the police department or municipality.

Further, each local municipality and police department has its own laws, policies, regulations dictating who now owns copyrights to the mugshots, and who can use or distribute them, and for what purpose.

Some local jurisdictions take the approach that mugshots are valuable to law enforcement only during ongoing investigations, and restrict access to them until the case is resolved.  Others take a more open approach similar to the federal government, and waive any copyrights they might otherwise have owned in these images, regardless of how they are subsequently used or exploited.  Others go even farther, and encourage the public viewing of these images as a deterrent.

So, if a local police department has not otherwise waived its copyrights to the mugshots, as a technical matter, for a website to display, reproduce them or alter them for commercial gain would likely constitute a prima facie case of copyright infringement.

Indeed, it is worth noting that such a site would arguably infringe upon every single aspect of the copyright statute – the right to display, reproduce and even modify/alter the images. For example, despite its own claim that the images are reproduced verbatim from government files, it appears that every single mugshot on MugShots.com contains an embedded watermark, which was obviously added later.  Such conduct could violate the federally-recognized copyrights of local police departments which have not otherwise disclaimed their copyrights in and to control how these images are altered or used to create derivative works.



What about Fair Use?



Fair use is a defense to infringement, not an automatic exemption.  Indeed, the Supreme Court of the United States described fair use as an affirmative defense in Campbell v. Acuff-Rose Music, Inc.  This means that, in litigation involving allegations of copyright infringement, the defendant squarely bears the burden of raising and proving that his use was "fair" and not an unauthorized infringement. Thus, fair use need not even be raised as a defense unless the plaintiff first shows (or the defendant concedes) a "prima facie" case of copyright infringement.  If the work was not copyrightable, if the term had expired, or the defendant's work borrowed only a very small amount, for instance, then the plaintiff cannot even make out a prima facie case of infringement, and the defendant need not even raise a fair use defense. However, as discussed above, a prima facie case of copyright infringement could theoretically be asserted by a municipality or police department that had not otherwise waived its copyright to control the commercial exploitation of these images.  Whether or not such a case will ever be filed is currently unknown.



Unfortunately, for those arrested for disorderly conduct outside a bar twenty years ago, and who were mortified to discover their faces displayed on a commercial website and want to demand legal action under intellectual property laws, you will have to wait.  Under current federal copyright law, you probably don't have standing to sue on behalf of the copyright holders.

Wednesday, July 18, 2012

Why Don't Presidential Candidates Seem to Respect Intellectual Property?

Gage Skidmore / Wikimedia Commons
It seems like many candidates for President of the United States just don't seem to understand how to avoid being accused of copyright infringement.  Here are a few cases in point:


Presumptive Republican candidate Mitt Romney recently launched a YouTube campaign advertisement depicting President Obama, and using the song "Happy Together," without authorization from the songwriter.  The ad is pulled by YouTube as an alleged copyright infringement.  


Earlier in the race, Newt Gingrich used Survivor's "Eye of the Tiger" without permission and was sued for copyright infringement.  In 2010, Rand Paul received a cease and desist letter from Canadian rock band Rush's lawyers for similar behavior with respect to their songs.  And Senator John McCain was sued by Jackson Browne for using the song "Running on Empty" in his 2008 campaign.

Daniel Schwen / GNU Free Documentation License 
But artists aren't only targeting Republicans.  In 2008, President Obama's campaign received a cease and desist letter from duo Sam and Dave about the song "Hold On, I'm Coming."


NPR correctly points out that a blanket license from ASCAP/BMI/SESAC for the particular venue that the candidate is using may already license the song for the copyright royalties covering public performance.


However, not to be outsmarted, the artists have alleged a less clearly-defined trademark infringement theory.  They cleverly contend that the unauthorized use of their music falsely suggests endorsement, sponsorship or approval by the musician.


In any event, what the trend signifies is not so much that the Presidential candidates are a bunch of copyright thieves as it demonstrates that the legal lines between commerce, the First Amendment, politics and copyright/brand protection can be quite murky, as we have previously noted.

Off-Broadway Show Accused of Infringing Three's Company Copyrights

Public Domain / Wikimedia Commons
Playwright David Adjmi's off-Broadway play “3C” has been accused of being nothing more than blatant copyright infringement by DLT Entertainment, the company that owns the copyright to the popular 1970's television series.

According to a report in the New York Times, Adjmi received a detailed cease-and-desist letter from DLT Entertainment's lawyers, accusing him of copyright infringement, and listing numerous points of similarity between the play and the sitcom.  A stage adaptation of "Three's Company" is apparently in the works and DLT alleges that Adjmi's play was damaging to it.

According to the New York Times, Donald Taffner Jr., president of DLT Entertainment, said the company was “very protective of the overall brand” because the show continued to earn substantial revenues from syndication on TV Land and on home video.

3C used a scenario similar to that of "Three's Company," but explored darker implications of American culture in that period.  The now-closed production ran June 6-July 14 at the Rattlestick Playwrights Theater.

A representative for the Dramatists Guild was quoted in Playbill.com as saying: "the right of authors to make fair comment on pre-existing work (whether through parody or other forms of fair use) is a First Amendment safety valve in the copyright law, and one we wholeheartedly support, as do the courts. If the author contacts us, we will discuss the issue with him and see how we can help."

Adjmi's plight apparently caught the attention of those within the New York theater community, who cited the actions of DLT Entertainment as bullying (a common thread), stating that they believe that Adjmi's play clearly fell under the umbrella of parody — which is protected by the First Amendment.

Other playwrights have explored similar territory, including Bert V. Royal's Dog Sees God, which centers on the teen years of the Peanuts gang.

Tony Award-nominated playwright Jon Robin Baitz penned an open letter explaining why it was important that members of the New York theater community rally behind Adjmi's work and First Amendment rights, calling 3C "clearly and patently and unremittingly parody."

Playbill notes that Rattlestick's marketing materials never drew any direct links to 3C and "Three's Company," describing the play as being "inspired by 1970's sitcoms, 1950's existentialist comedy, Chekhov, and disco anthems," adding that it was a "terrifying yet amusing look at a culture that likes to amuse itself, even as it teeters on the brink of ruin."

"I am not a lawyer, but David may need one, and I am currently investigating the willingness of a respected First Amendment firm to take this case on pro-bono," Baitz stated in his open letter.

"That an Off-Broadway playwright should be bullied by a Wall Street law firm over a long-gone TV show, is, in and of itself, worthy of parody, but in fact, this should be taken seriously enough to merit raising our voices in support of Adjmi and his play, which Kenyon & Kenyon is insisting be placed in a drawer and never published or performed again.  Whether one appreciates the work or not is immaterial; the principle at stake here is a basic one. Specious and spurious legal bullying of artists should be vigorously opposed, and that opposition must begin first and foremost with all of us in the New York Theatre community."

Among the notable individuals to add their names in support were Stephen SondheimTony Kushner, Andre BishopJoe MantelloTerrence McNallyKenneth LonerganJohn GuareTerry Kinney, Stephen Adley Guirgis and John Patrick Shanley.

Sanctions Against "Rogue" Porn-Copyright Attorney Upheld by 5th Circuit


A federal appeals court has affirmed monetary sanctions assessed against an Intellectual Property lawyer who represents a maker of adult films in a series of copyright-infringement-by-downloading cases.

U.S. District Court Judge David C. Godbey in Dallas had ruled in January that attorney Evan Stone of Denton, Texas had abused the discovery process, and termed him a “rogue attorney" with "staggering chutzpah" in a blistering decision.

In a July 12 ruling, the 5th U.S. Circuit Court of Appeals  affirmed the District Court's sanctions levied against Stone.

Stone represents Germany’s Mick Haig Productions E.K. against a large number of unnamed "John Doe" Defendants who stand accused of downloading Haig’s “Der Gute Onkel” film without authorization. 

Stone, no stranger to controversy, was depicted strangling pirates near scantily-clad porn stars in a recent Dallas Observer article.

The District Court had appointed attorneys from Electronic Frontier Foundation and Public Citizen as "ad litem" attorneys to represent the interests of the John Doe defendants and it was these lawyers who had sought the sanctions in District Court. The sanctions included attorneys' fees of more than $22,000, and $500 per day for each day Stone failed to comply with a court order.

Stone filed an appeal to the 5th Circuit, arguing the sanctions were unjustified and that the court-appointed attorneys lacked standing to seek them.

The appeals court flatly rejected Stone's argument.  It specifically held that “no miscarriage of justice will result from the sanctions” that were imposed “as a result of Stone’s flagrant violation” of court rules.

The appeals court said Stone committed the violations by using the subpoena power of the court to find the identity of anonymous Internet users “then shaming or intimidating them to settle for thousands of dollars” each.

The appeal is captioned Mick Haig Productions E.K. v. Does 1-670, 11- 10977, U.S. Court of Appeals for the Fifth Circuit (New Orleans). The District Court case is Mick Haig Products E.K. v. Does 1-670, U.S. District Court, Northern District of Texas (Dallas).

The tactic of using the threat of John Doe subpoena discovery against pornography downloaders has come under recent fire in high-profile class action litigations against a number of adult film companies.

When Your Best Defense is a Really Stupid Offense Against an Internet Titan

What do you do when you thought it was a good idea to invest thousands of dollars in over 750 domain names that have "Google" in them, such as “GoogleGayCruises.com” and “GoogleDonaldTrump.com"? You apparently spend MORE money to hire a couple of lawyers to try and convince a federal judge that "GOOGLE" is just a generic term.  Oh, and you demand that the Court should cancel the world's most valuable trademarks so you can keep those domain names you worked so hard to cybersquat on register and use in good faith.