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Date:November 16th, 2010 10:05 pm (UTC)

Re: Paula Deen, Food Network, etc.

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.

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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