– Derek Allen, Attorney –

When I first started working in the legal profession, I was struck by the tone many lawyers used in their correspondence.  While many fighters claim that they’re going to let their fists do the talking, lawyers tend to let angry-sounding adverbs do the heavy lifting.

If you’re doing something our client doesn’t like, you better cease-and-desist.  When? Always “immediately.”  And if you don’t?  You better believe that our client is ready to defend her rights.  Maybe the reader doubts this, so we make it clear that our client is prepared to do so “vigorously.”  On the off chance that our reader is still standing after the well-placed immediately-vigorously combo, we land a haymaker – demanding that you respond “promptly.”

My initial reaction to receiving this type of letter often involved the words “immediately,” “vigorously,” and “promptly,” but those words usually described what I thought the writer could do with the letter (I’ll leave it to the reader to figure out the verb and noun).  Recently, however, I’ve come across two better responses to those ubiquitous demand letters.  Dare I say, they are a perfect blending of creativity and the law.  (Warning: contains some slightly NSFW language):


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The Stop Online Piracy Act (“SOPA”) and Protect Intellectual Property Act (“PIPA”) have been put on hold.  But the Online Protection and Enforcement of Digital Trade Act (“OPEN Act”) is moving its way through the U.S. House of Representatives.  The OPEN Act would allow copyright holders to file complaints about copyright infringement on foreign websites

The Louboutin lacquered red sole trademark is the subject of great debate in the trademark world, fashion industry, popular news media, and among law school academics and friends of the court.

I’m just not seeing it. I really don’t see a viable trademark claim here for Louboutin. Not for the reasons