Politics

Kevyn Orr Spoof Spurs Fight: His Law Firm Vs. Website Creator

June 26, 2014, 3:10 PM by  Alan Stamm

A new Kevyn Orr parody website satirizes Detroit's emergency manager without mercy (or maturity, it could be argued). But does it also misue the copywrighted logo of the Jones Day law firm where he'll return after service here?

That legal question is the focus of dueling letters from the global law firm and a staff attorney at the Electronic Frontier Foundation, a San Francisco nonprofit that defends digital liberties.

A day after a Metro Times blog post by Lee DeVito broke news of the new spoof site, a Jones Day partner in Cleveland sent the unknown site owner a cease-and-desist letter through the company registering and hosting its web address. Posting the law firm's logo "is an unauthorized and infringing use of Jones Day's registered service marks," writes Robert Ducatman in his three-paragraph demand to knock it off or expect "the commencement of litigation without further notice.

References the firm doesn't find amusing include "Detroit's economic coup d'etat has been brought to you by Jones Day."

That and other quips are constitutionally protected speech, insists Daniel Nazer of the California foundation this week in a two-page response with eight legal cases from 1992-2011 cited as supporting precedents.

No person could possibly be confused as to whether Hones Day endorses the site. The website freely criticizes Kevyn Orr, Jones Day, and other individuals and corporations that our client believes have acted against Detroit's best interests. The placement of the Jones Day mark -- under the tag line: "Detroit's economic coup d'etat has been brought to you by" -- is an obvious parody of corporate sponsorship. 


"Your legal threats are not supported by law and seek to interfere with protected speech."

Nazer, who doesn't name the site owner, flatly rejects the logo removal demand.

Our client will not comply and has no legal obligation to do do. Your legal threats are not supported by law and seek to interfere with protected speech. . . .

We sincerely hope Jones Day will have the good sense not to trouble a court of law with this matter. 

In a blog post Tuesday, the Electronic Frontier Foundation accuses the firm of a "spurious and censorious demand" and calls it "a trademark bully."

Nazer's letter also asks the big law firm to stop making "improper legal claims to obtain our client's identity,"

It's on, in other words -- stay tuned.. 


Read more:  Electronic Frontier Foundation


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