Jones Day Afraid Of Letting Judge See Public Citizen, EFF Briefs In Its Bogus Trademark Lawsuit
from the fascinating-legal-reasoning dept
Remember last week when the huge law firm Jones Day was called out for abusing trademark law by suing a small site for reporting public information about some associates at the law firm? Jones Day was basically claiming that using their name and linking to their site, even in reporting factual information, was trademark infringement. That is, of course, ridiculous. A few public interest groups, such as Public Citizen (who first alerted us to this case) and the EFF filed an amicus brief with the court in support of the bullied website, Blockshopper.
Stunningly, Jones Day’s response is to file a brief telling the judge he shouldn’t even accept the amicus brief. Yes, they’re filing a legal brief to tell the judge that these groups should not be allowed to provide their thoughts on the case. The reasoning is the sort that only a true lawyer would appreciate. First, these groups shouldn’t be allowed to file a brief because they’re “partisan.” Of course, a large number of amici briefs are “partisan” in that they support one side or the other (there are some that are neutral). Then, it claims they should not be able to file the amicus brief because it doesn’t add anything beyond what the defendant has already filed. And then, in the same sentence where Jones Day complains that the amicus brief doesn’t add anything new, it also says the brief shouldn’t be allowed because it adds a new argument that the defendant, Blockshopper, didn’t think was worth raising.
Yes, you read that correctly. Jones Day is claiming that no amici briefs should be allowed if it favors one party of the other (partisan!). Also, that no amici briefs should be allowed if they don’t raise any new issues… and at the same time that raising new issues is a reason not to allow the amici briefs. Is it any wonder that this law firm believes that mentioning its name is a trademark violation? All of this leads you to wonder, what is Jones Day so afraid of in the amicus brief that it wants to prevent the judge from viewing it?