Conservatives Are Right: Too Many Frivolous Lawsuits
A mid-western restaurant chain called Wildfire Restaurants has threatened to sue two Peninsula restaurants — Wildfire Grill at 929 W. Eighth St., Port Angeles; and Wildfire Cider of 220 Pocket Lane, Port Townsend — for copyright infringement.
The Port Angeles restaurant is now LD's Woodfire Grill. The Port Townsend restaurant has been changed to Alpenfire Cider. The owner of of the (formerly) Wildfire Cider of Port Townsend said:
“It was very frustrating. We thought it was a joke; we really did at first.”
The owner of the (formerly known as) Wildfire Grill in Port Angeles was approached by a trademark lawyer:
"He said I can try to fight it, but it will cost around $20,000.”
The Port Angeles restaurant is now LD's Woodfire Grill. The Port Townsend restaurant has been changed to Alpenfire Cider. The owner of of the (formerly) Wildfire Cider of Port Townsend said:
“It was very frustrating. We thought it was a joke; we really did at first.”
The owner of the (formerly known as) Wildfire Grill in Port Angeles was approached by a trademark lawyer:
"He said I can try to fight it, but it will cost around $20,000.”
posted by Tom Harper at 1:14 AM
16 Comments:
That's just crazy, wildfire is a word that's been around for thousands of years, how can anyone own it?
Too many tort screwballs in this country, and way too many lawyers.
The simple fact about copyright law is you have to use it or lose it. Wildfire has to protect its copyright in all cases, or somebody they’re Really in conflict with can use the others as evidence that they’re not serious about protecting their property. This cease and desist order isn’t a frivolous lawsuit – its part of the requirement for maintaining your copyright.
Intellectual property and copyright laws need a serious overhaul, in light of things like new technologies as well as the possibility of restraint of trade caused by the indiscriminate granting of said rights to uninvolved third parties (like the guy who made a bundle copyrighting potential web addresses in the 90’s) or “incidental” infringements (like the cider guy or the use of the word “Olympic”) but no, we don’t need the kind of “Tort Reform” suggested by the Republicans. Their only goal is protecting corporations from lawsuits, while at the same time crippling our ability to protect ourselves from corporations.
BILLY'S WILDFIRE DOG AND CHILI WAGON
Mild - Hot - and burn your ass.
As I see it, they have a copyright on Wildfire Restaurants, that's a term, not a single word. Neither of the local folks used that term, just one common word.
You don't see General Electric going after others that just use the word General in their business.
Funny how lawsuits are "frivolous", until you're the one with a grievance!
they aren't in this market -- and you have to directly compete in this market. This was a bullshit cease letter, and the locals should have let the guys take them to court -- they could have defended themselves with a good paralegal.
The restaurant chain needed to PROVE that this impacted their business and that it was an infringement on the chain. Plus, unless the chain intended to open a store in this same market.....where is the unfair competition.
I would have fought it. Maybe I'll open a series of Wildfire business just to screw with the idiots.
Why were our local guys so spineless...all they needed was a good REPLY from an attorney who could cite the relevant law regarding this. Heck, THEY could have researched this out themselves, if our STUPID LAW LIBRARY IN TOWN (courthouse) WAS EVER OPEN. (Again, our county and city fail us.)
Tom, this wasn't a lawsuit, it was a push by a bully corporation to pull the wool over the eyes of some yokels who had no idea how to reply.
Give me a break. This would have never gone to court.
"threatened to sue"
You can threat all you want...let me reply to that so called "chain". They're idiots and the case would not hold up in court. Now, the "olympic" bullshit, is because our government GAVE sole rights to the word "Olympics" to the Olympic Committee. This was to give the Special Olympics and the Gay Olympics and all the other spin-offs from using the name, without paying for it. But, they cannot enforce it in every situation.
They cannot make the forestry service change the Olympics... nor can they get far (not that they haven't tried to harass people) in trying to make small businesses change their names. If the name is clearly not an infringement, nor in business of doing things that aren't "competitive sports" it has not been held up in a court of law.
Naive people think that "threaten to sue" is the same as a lawsuit.
You know, everyone in Port Angeles who is outraged by this can post some YELP responses for the Wildfire restaurants (Chicago, mostly) and make it so that people KNOW what jerks these guys are. I'm sure it will make people thinking of going there think twice about eating where bullies roam.
Little guys can fight back. We, as people of the Olympic Peninsula, should register our outrage at this b.s.
BTW, Apple does not have a copyright on Apple. They have a copyright on Apple Computers, they just shorten it to Apple.
Microsoft does not have a copyright on Windows. They have copyrights on each issue of Windows of software they issue.
Windows 3.0
Windows 95
Windows Me
Windows 2000
Etc, etc, etc.
BBC, you are right.
The parent company of Wildfire Restaurants is Lettuce Entertain You a group that has 31 restaurant chains. http://www.leye.com/restaurants NOT ONE is in Washington state!!!
This was bullshit, pure and simple, by a bunch of corporate morons' attorneys who were just trying to make an extra billable buck.
What's wrong with America....THIS IS ONE EXAMPLE. Corporations should not have more rights than individuals.
the wimps who consulted a Sequim "trademark lawyer" should be urged to surrender their balls and spine. Since WHEN does one consult a "Sequim trademark lawyer" for something as simple as this.
They should have told Lettuce Entertain you to go pound sand. Let them sue. They would have to sue in Washington state.....at considerable expense, as they do not have attorneys or any business in this state. The reality is -- they were just threatening and posturing. (Washington is not the most friendly state to initiate a lawsuit in.) Anyone can threaten to sue.....but did they? NO. Why? would have cost money. Why sue when you can bully a bunch of boobs into doing whatever you want.
Wildfire Grill and Wildfire Cider should just tell Lettuce Entertain you to go suck lemons! And, for legal advice...try a metro area, instead of the C and D law students that reside around here. Trademark attorney was speaking out his ass...$20k? Bullshit. This would have never gone that far. But, obviously, the attorney was hoping they HAD that kind of billable assets.
Newbs. This place is full of no-nothing newbs. That and spineless and ball-less. Please, try thinking..about this? They sent LETTERS...maybe even a certified one. But, what right do they have to enforce their "trademark" in this state when they have no business in this state?
Use your brains, folks. And, Tom, this has nothing to do with conservatives.....this isn't a frivolous lawsuit, it was a series of harassment letters. Big difference.
Can I get a witness?
Speaking of lawsuits, I seem to remember that our fearless City Manager was going to review his options, and make a public statement after losing his bid for a job elsewhere. Oh, yes, a bid TWICE in the last few months to find work elsewhere!
During his period of reflection, he then gave the confidential report from the State Auditor to the subject of the investigation. City Council members voiced concerns and a breach of trust.. but, he is still the Port Angeles City Manager.
AND, he is the one with the ability/authority to fire Glenn Cutler. From what I hear, he is resistant.
When will this city council finally stand up, and do the right thing for it's citizens? How much abuse is it going to take?
WTF said "....
we don’t need the kind of “Tort Reform” suggested by the Republicans. Their only goal is protecting corporations from lawsuits, while at the same time crippling our ability to protect ourselves from corporations.
9:14 AM, April 10, 2011
BINGO.
" ......Trademark attorney was speaking out his ass...$20k? Bullshit. This would have never gone that far.
we have another winner, BINGO.
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