Wednesday

THIS BULLLYING IS ABSURD. SOMEONE POUR A BOTTLE OF MAPLE SYRUP ON THE WAFFLE HOUSE

Keeping an eye on trademark law used to require a sense of humor. Watching fast food companies, cosmetics barons, and aging teen idols shape American law was, at times, awkward, but usually entertaining. Not exactly getting prisoners off death row. But intellectually interesting.

But trademark law has changed. The stakes are as low as ever. But lawyers who represent established brand owners now seem more and more willing to employ tactics that border on the unethical to advance the interests of their clients. Apparently professional standards have been sacrificed on the altar of greed. The only real check on such tactics is the power of the Internet to bring shame on brand owners who are guilty of misstating and exaggerating their legal rights.

And so it is with W. H. Capital, LLC.(and their lawyers). These folks own the chain of WAFFLE HOUSE branded restaurants. They have federally registered the term WAFFLE HOUSE for restaurant services. So, naturally when a new rap artist J.R. Bricks named his first iTunes rap song WAFFLE HOUSE, they set out to squash him.

What's the connection between restaurants and rap music? There is none. These folks have absolutely no business hassling this guy. And their lawyers have absolutely no business helping them.

But hassle him they did. He caved. He changed the name of the WAFFLE HOUSE song. Even though they did not have a legal leg to stand on.

I sure hope that the text of the cease and desist letter winds up on the Internet. It's hard to imagine a better candidate for a shaming campaign.









 















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