Sunday, May 02, 2004

Ahhr-nald bobble head doll and confidentiality in cease and desist letters.

This is a great post by Martin Schwimmer at The Trademark Blog. Go read it.

Making bobble-head dolls of politicians is ok, but what about Arnold - does he get a special right of celeb because he's an actor as well as a politican? Also, if you read the cease and desist letter (at the Smoking Gun) Arnold's attorney's sent to the maker of the doll you'll note that they write that the letter is confidential and cannot be reprinted on the Internet, etc. Where do they think that confidentiality comes from? There's been no agreement between these two parties re confidentiality. This is the sort of stuff that gives attorneys a bad rap, trying to take advantage of people and being overly aggresive (just read the letter, it's over the top - although they do sounds pissed off). If the recipient of the letter was person without access to legal counsel how they know that the letter's claim of confidentiality is BS - they wouldn't, they would be scared into silence, which is probably what Arnold's lawyers were hoping for. Instead, Arnold's lawyers look like a bunch of jerks with a shaky claim.

There is no confidentiality in a cease and desist letter, anymore than there is in an email I send someone - even if I state just the opposite in the letter.

Via The Trademark Blog.


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