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Scrivener's Error| null | |
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Scrivener's Error |
Law and reality in publishing (seldom the same thing) from the author's side of the slush pile, with occasional forays into military affairs, censorship and the First Amendment, legal theory, and anything else that strikes me as interesting. |
link to: 11:58 [GMT-6]
This is just surreal: The Hells Angels have filed a lawsuit against Saks Fifth Avenue, among others... for trademark infringement. The complaint (PDF) is, itself, not very remarkable; further, on the basis of the attachments, it's going to survive any motion to dismiss and most motions for summary judgment. It's a dry, lawyerly complaint; but that's just the beginning of the surrealism.
To begin with, note the specific description of the Hells Angels:
4. Plaintiff HELLS ANGELS MOTORCYCLE CLUB ("HAMC") is now, and at all relevant times was, a non-profit mutual benefit corporation organized and existing under the laws of the State of California. Plaintiff HAMC is the owner of the trademarks described herein, which it administers on behalf of, and for the benefit of, the Hells Angels Motorcycle Club.
It just gets better as the complaint goes on to describe the incontestable trademark registrations; the infringing items; and so on... without ever stating what, precisely, is being diluted or otherwise infringed.
It's not quite as amusing as the thought of serving brownies at a rally for Proposition 19, but it's close.
Labels: culture, intellectual property, law practice
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