Fighting for freerecyling

Badly conceived, badly executed, result was…

The Ninth Circuit added some further comments to their judgement, as highlight by MVS Blawg – Filewrapper.

“Interestingly, the Ninth Circuit extended its analysis to include TFN’s essential request of preventing a party from using a mark in a generic sense.  TFN was at risk of having its mark become generic, and therefore lose its ability to distinguish its services.  Unfortunately for TFN, the Lanham Act does not provide a means to prevent others from using a trademark in a generic sense or expressing one’s opinion as to the strength of a mark, or encouraging others to do so.  Therefore, Oey’s actions and his encouraging of others to take action are not actionable under the Lanham Act.”

This court case, brought by TFN was ill-conceived from the outset, if you listen to the audio of the hearing a month or so ago there is ample evidence that the delivery on behalf of TFN was done badly.  Now how did that result go?

Freedom of speech 1, TFN 0.

The word on the block is that Deron is going to try to spin this as a win for TFN.  Good luck is all I can say.


September 28, 2007 - Posted by | freecycle

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