18 March 2011
Article: Is a Cease and Desist About Irony, Hypocrisy or Legal Strategy?
"Indeed, a quick Google search will show that doing IP and trademark research, and sending out cease-and-desist letters, are a regular part of a legal intern’s job description. These letters are sent out with no greater strategy in place than to cast a wide net in hopes of catching all potential offenders. ...
Sometimes an artist may very well file a suit only to stake a claim — to pee on the post that marks the artist’s territory. As the ability to poach artwork with ease grows, so, along with it, does the necessity of producing, what is now being termed, a “chilling effect” to strike fear into the hearts of would-be offenders. ...
The thing to keep in mind in many of these cases is that what looks like hypocrisy in the broad view, may also be good business when it comes to trademark and copyright maintenance. An artist (or corporation, or artist run corporation) must keep the brand in the forefront of people’s minds, clear and unsullied by distractions."
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