Michael Lean <m.lean[_at_]qut.edu.au> wrote:
>
> Has anyone seen the announcement from Kessler and Associates regarding
> Web Sweep?
Not until now, but it may help explain the plethora of *almost but not quite* cease & desist letters apparently being mailed out by zealous law firms. Seems like it gives Intellectual Prop attorneys a cheap and easy way to allege infringement without doing any real work, and probably frightens the heck out of an innocent party who gets a cease & desist letter based on what may be fair use. I've also heard about innocent parties getting "sign this agreement not to use our name and we'll leave you alone" letters, and not realizing that such signed agreements may be used by the big company -- against the presumably innocent party -- as evidence that the innocent party recognized the validity of the company's name/mark AND as an admittance of wrong doing, and by so signing the innocent party waived all right to object to the scope or validity of the trade/service mark.
Personally, I think this is unethical.
Rose Jade
PO Box 2170
Newport, OR 97365
<sjade[_at_]orednet.org>
Received on Mon Jul 20 1998 - 16:55:05 GMT
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