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Okay -- I thought I was done.

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From:Brad Cook
Date:November 16th, 2010 08:30 pm (UTC)

Paula Deen, Food Network, etc.

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I keep hearing people say things like the above ("When Paula Deen and the Food Network are discussing matters with lawyers..."), and I have to admit I'm not convinced that Judith is facing a flood of lawsuits. For one thing, I doubt she has very deep pockets, and it looks like Cooks Source is going down the tubes.

I could see them all issuing cease-and-desists and demanding that the offending issues be pulled from circulation, along with any copyright-infringing articles on the Cooks Source web site (assuming it doesn't just disappear completely), but I don't see them suing her into oblivion.

Or am I missing something? Monica, do you have any insight?
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From:thespian
Date:November 16th, 2010 08:45 pm (UTC)

Re: Paula Deen, Food Network, etc.

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a lot of them will just let it drop, but The Mouse likes to make and example of people. Even if the suit is a dead loss on costs, they consider it very much worth their while to kick people until they stay down.
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From:willowisp
Date:November 16th, 2010 10:05 pm (UTC)

Re: Paula Deen, Food Network, etc.

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From what I understand, and IANAL, if a company lets something like that slide, they are considered to have let the copyright and/or trademark slip. Classic cases include Xerox, Kleenex, and Fax, among others. Based on that, it is feasible that they would make a big deal out of it, simply to make a show of protecting their property.
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From:Brad Cook
Date:November 17th, 2010 12:20 am (UTC)

Re: Paula Deen, Food Network, etc.

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Sounds like you're referring to trademarks, not copyrights. As far as I know, you don't have to defend copyrights to keep them from slipping into the public domain. Yes, if you let everyone infringe on your copyright, I suppose an argument could be made that you're letting your work slide into the public domain. I'm sure an attorney could put together a persuasive argument to that effect.

In this case, though, I really can't see any large corporation bothering to drag Judith Griggs into court. I realize a lot of people want to see her go through that because of her despicable behavior, but, as I said above, I doubt she has deep pockets, and Cooks Source is probably going out of business anyway. (And if she allowed Cooks Source finances to be intertwined with her own, she could end up filing personal bankruptcy.) I would think a cease-and-desist and an order to pull all offending materials from circulation would be enough, from their point-of-view.

And please don't think I'm trying to be sympathetic to Judith. She has brought a well-deserved world of hurt down on her head, and both of her lame attempts at "apologies" are just digging herself a deeper hole.
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