Posts Tagged ‘nastygrams’

Threatened Black Friday Blog Still Going Strong

Friday, November 25th, 2011

Screengrab of

Happy Black Friday!

Last year I blogged about how Black Friday blog found itself on the receiving end of a legal threat from JCPenney for leaking the store’s Black Friday deals before the ads were officially released.

I checked Chilling Effects just now, and I found no letters to this time around. And I also checked, and they are still blogging away about the deals. I also found scanned ad circulars, which were released before the newspapers hit the streets. (I don’t recall seeing that last year, although they are probably not new.)

At any rate, I’m glad to see still in business, blogging freely.

Happy shopping everyone. And blog on!

Lawyers Smacked for Knee Slaps

Tuesday, August 9th, 2011

NexGen knees marketed by Cyberdyne Systems, umm, I mean 'Zimmer medical products company of Northern Indiana.' (Photo: Zimmer)

Alex Nussbaum and David Voreacos of Bloomberg report that Zimmer, the world’s largest maker of knee and hip implants, is suing lawyers who sue them. And their offensive against plaintiffs’ lawyers is headed into the blogosphere.

After lawyer/blogger Brett Emison wrote a blog post about failures of Zimmer’s NexGen knees, he got a letter from Zimmer attorneys demanding he stop what they termed “alarmist fear mongering.”

Emison called Zimmer’s conduct “a blatant attempt to try to frighten plaintiffs’ lawyers from pursuing these cases.”

I myself don’t need to get a warning letter to be frightened. Look at that promotional picture of Zimmer’s technologically advanced knees. Don’t tell me those won’t be useful to the machines after Skynet takes over. Everyone knows that the only thing humanity has going for it in a war against robots is that robots are generally slow and lumbering. If you stick knees like those in terminator-series cyborgs, they’ll be able to jog effortlessly all over the post-apocalyptic landscape picking off humans at will.

Well, with Zimmer raking in $1.8 billion in annual artificial-knee revenues, its not surprising they would be somewhat, shall we say, inflexible when it comes to assaults on their safety record. And Zimmer’s legal gambit appears to be working. Bloomberg reports that Zimmer has settled four of its law-firm lawsuits on terms requiring retractions.

Law professor and dean of Roger Williams Law School David Logan says in the story that recent U.S. Supreme Court decisions have given lawyers the freedom to say anything not “provably false or misleading.” That, in turn, has “opened up a new front in the product-liability wars” with corporate defendants suing lawyers as they go searching for clients.

With “blawgs” already constituting a leading means of lawyer rainmaking, we may see Zimmer-type offensives become more and more important in shaping the legal context of law-blogging. Of course, on “Blog Law Blog,” I can only blog so much about the law of law blogging. To provide in-depth commentary in this arena, I will soon be launching my new blog, Law Blog Blog Law Law Blog.

Or, on the other hand, maybe I’ll skip that.

Celine Dion Succeeds in Shutting Down Humorous Fan Blog

Friday, July 22nd, 2011
Ridiculous Pictures of Celine Dion

Well, this is sad. French-Canadian soft-rock diva Celine Dion has silenced a tongue-in-cheek blog keeping track of absurd pictures taken of her.

All it took was a cease-and-desist letter.

The Tumblr-hosted blog, Ridiculous Pictures of Céline Dion, is now down, with only this message remaining:

hey y’all

céline dion found our blog, and she didn’t like it. we just got a letter from céline’s lawyers that the blog has to be shut down.

though this blog is well within the realm of ‘fair use’, i don’t have the money or time to get a lawyer to respond. the dream is over.

thanks for following and being a céline superfan
i’ll always remember u
i’ll never let go

The blogger’s decision is completely rational, of course. But that just makes it worse. It’s a sadly accurate commentary about the lack of justice that results when the well-lawyered find themselves feeling uncomfortable with constitutional rights of the unlawyered masses.

(Ha’p @LawandLit, @kisbell)

Kane Declares Victory Over Forever 21

Thursday, July 7th, 2011

Black feather cape with broochRachel Kane over at blog has declared victory over Forever 21 in their nascent legal dispute. After Kane hired legal counsel and told the fast-fashion retailer their legal position was, in so many words, as silly as Feather Cape with Brooch ($39.00), there has been nothing but silence on the other end. So after Forever 21 failed to respond by Kane’s own imposed deadline, she interpreted silence as acquiescence and is now back calling out sartorial snafus on a daily basis.

In her words: “This is a dark defeat for MC Hammer pants, floral jumpsuits and blinged out mini hats, but a joyous triumph for those who like to make fun of them. Which is pretty much anyone with eyes.”

Note to bloggers who are on the receiving end of baseless legal threats: The way Kane handled this is instructive. Respond to the threatening letter with a patient explanation of how the claim is legally lacking, in a tone that is courteous but firm, and then say you’ll get back to doing whatever it is by such-and-such a date unless they give you a compelling response.

Congratulations, Rachel. Blog on!

Jezebel Threatened Over Aniston Photos

Friday, September 24th, 2010

Gawker blog Jezebel has received a cease-and-desist e-mail over their posting of allegedly unretouched photos of Jennifer Aniston looking old and bedraggled in the absence of post-shoot photoshopping. The nastygram cited claims of copyright.

Jezebel blogger Jessica Coen responded, in part:

One of Jezebel’s most significant areas of interest is the Photoshopping of women who appear in magazines, catalogs, or in any other publication. It’s an important factor that shapes the beauty standard, and it affects how women view themselves, for better or worse. As such, the peg of the post is how Jennifer Aniston looks pre-Photoshop, and I think you can agree that a small image falls under fair use since the existence of these images is indeed news. It’s the peg of the item.

The whole exchange is here.

(Ha’p Hollywood Reporter’s ESQ)

Jonas Brother Threatens Blogger Zack Taylor

Tuesday, August 17th, 2010

Celebuzz reports that Jonas brother Joe is threatening a lawsuit against blogger Zack Taylor over a post headlined, “DEMI LOVATO AND JOE JONAS ARE FRIENDS WITH BENEFITS?!

TMZ chimes in as well, and they have posted a pdf of the nastygram from law firm Carroll, Guido & Groffman, LLP, saying that Taylor’s post is defamatory and asserting a completely absurd right-of-publicity claim:

We understand that you have posted a number of similar blogs on the Website over the last few months — all of which contain fabricated stories about our client and his brothers, Nicholas Jonas and Kevin Jonas — in what appears to be a desperate attempt to promote the Website through the unlawful exploitation of their names and likenesses.

And what’s up with calling a blog post a “blog”? Does this guy also think the New York Times publishes its most important newspapers every day on its front page?