Thursday, September 25, 2008

Jones Day Continues War on Free Speech by Opposing Amicus Brief in Trademark Infringement Lawsuit Against Blockshopper

Paul Alan Levy provides an update (link here) on the Opposition filed by Jones Day opposing the Motion for Leave to File the Amicus Curiae Brief in Support of’s Motion to Dismiss filed by Public Citizen, the Electronic Frontier Foundation, Public Knowledge and Citizen Media Law Project (a brief that has received overwhelming praise among the trademark law community – its impact evident by Jones Day’s quick action to exhaust any effort to prevent its consideration by the court). Techdirt also comments here.

In short, Jones Day, as part of its ongoing battle to move forward with its absurd trademark infringement lawsuit against Blockshopper, is using additional absurd arguments (although not so absurd that Jones Day isn't able to make them appear nonfrivolous) to oppose the filing of the Amicus Brief. One has to wonder – if Jones Day is truly confident in its underlying legal position, why would it be concerned at all about an amicus brief? [Comment—Methinks Jones Day doth protest too much.

The “friends” supporting Blockshopper have already filed their Reply in Support of their Motion for Leave to File Their Amicus Brief arguing against the points made in Jones Day’s brief.

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