Good point -- though it wasn't really briefed. If they had mentioned that they only just discovered the books (and why), it might be more compelling; otherwise, it just seems like they have been poor stewards of their copyright. And you've now given some hint of why this was filed in New Mexico.
There's a long road between initial filing and trial. As I suggest below, there's also an excellent chance this case will get thrown out long before witnesses or a jury are needed.
According to the complaint, the books were written in 2006-2010. That would seem to be outside the statute of limitations for bringing a claim.
Why TF was this filed in New Mexico? The author of the original novels lives in Florida, the companies are incorporated or based in Delaware, New York, or California, the film production company is in Georgia, and a couple of other defendants are British. I expect it to get tossed on venue alone. The only people in New Mexico are the lawyers.
And then, on top of it all, as others have pointed out, the film itself could be argued to depend only on those stories that have (now) fallen out of copyright. The original novels could be another story, but given that they were published from 2006-2010, it would seem there's a statute of limitations issue. They're playing some kind of silly statutory limitation handwave to try to artificially add three years to the copyright term to rope in the four 1923-24 stories.
That's before you even get into the weakness of the primary argument, which was the focus of Tim's article. Oh, and the fact that they mention "precedent" but cite no cases.
I am not a lawyer, but I can't believe 3 lawyers signed off on this.
https://twitter.com/DevinCow/status/1278092655914659840
Unless the rule is "we don't like it" -- which as Mike points out, is valid, but hypocritical. Heck, they aren't even making fun of Parler.
OK, I skimmed through some of the archived stories about the car wash, and the city looks even worse. According to those stories, the owner, apparently recognizing that Dallas PD wasn't going to do the job he needed, formed a PID (an association of local businesses) to collect extra taxes for security and trash pickup. There were some such services for a time, but they stopped (but the taxes did not).
Headline is incorrect; as the article states, it's 414 pages of calls, not 414 calls. By my count, there were 130 calls, as each call takes 2 to 6 pages (most are in the 3-4 page range; average is about 3.2 pages). Still an awful lot of calls, but let's be accurate here.
I'm going to give Skippy half a point here, because unlike some of the other trademark stories that have been covered here, there is actually peanut butter used in the beer, and someone could theoretically think, given the name, that the peanut butter used is Skippy -- similar to how Oreo has licensed their trademark for candy bars and pudding. However, the "not currently sold in Canada" aspect does still make this a trademark bully situation. Plus, the graphic design, if you can call it that (a simple black-on-white block lettered label) in no way resembles the peanut butter (yes, I watched the linked video to find that out -- along with the new name, "Illuminutti").
I didn't see a link to the WaPo OpEd in the article, so here it is.
Which, I would note, is 100% accurate: Someone did say that.
I just got curious enough to go look on Reddit, and it turns out that DiggDejected didn't even make the original comment; they just posted a link/summary to that comment. The original comment was made by a deleted user, in an apparently deleted thread, but apparently when there's a direct link like this, it's still visible.
Oh, and not surprisingly, when I Googled the company's URL, the Reddit comments didn't show up until page 5 of the results, not in the first 2 pages, after their own spam comment on the blog of a California church on page 4. Does it surprise anyone that the plaintiffs are apparently also spammers?
Tim barely scratched the surface of the crazy here (and yes, it's pro se). Sample quote: "Wikipedia, long held to be the definite, accepted, science-based, 'Correct' answer for almost everything known..." This being a lead-in to a section trying to assert that changing ads daily amounts to daily republication, thus skirting the statute of limitations.
I swear, if you were trying to write a parody of pro se Internet lawsuits, you couldn't top this.
Look at the previous article linked -- it was mostly a procedural question. The suit was brought in Massachusetts (no or weak SLAPP) and Techdirt thought California SLAPP should apply because that's the state they are located in. As the previous article pointed out, this is why a strong Federal anti-SLAPP law is needed.
Just came back to this and discovered that Hopkins backed down. If you click on the USPTO link in the article you'll see that the author has surrendered the trademark on Cocky; a quick search turns up, among others, this article confirming an amicable settlement. (Or, somewhat more comprehensive, but much more annoyingly formatted, this article.)
Hopkins has an official statement video which kind of shows that she doesn't really get why she came under attack.
The schedule going forward is ... leisurely, would be a good word:
Time to Answer 6/23/2018
...
Plaintiff's Pretrial Disclosures Due 3/5/2019
...
Request for Oral Hearing (optional) Due 11/25/2019
And then, presumably, the hearing itself would come some time in 2020. This could be more protracted than the monkey selfie case, unless someone comes to their senses in the meantime.
It's actually much, much better than 99.9%. It depends in part on how rare the various markers are, but the average accuracy is better than 1 in a billion (this document is over 10 years old, so it's probably better now) and, according to the FBI, up to 1 in 108 trillion (and in one case, purportedly 1 in 930 sextillion).
Except that's not how it worked. After they had a suspect from a familial match and other factors, they collected DNA from the suspect (surreptitiously, using a discarded item -- perfectly legal whether they had a warrant or not, since once your trash is on the curb it's fair game) to get a full DNA profile/match. Only after they had that did they make an arrest.
To see how ridiculous the artist's argument is, envision the Charging Bull as a building. By his argument, if I were to build another building nearby, I'd be infringing on his copyright. But in architecture, it's almost expected that a well-designed building will "comment" on nearby buildings. Sometimes this means echoing elements, sometimes it even means a playful parody of some aspects of the existing building.
So, is Richard Stallman chopped liver?
Let's not forget that, while Linus was responsible for the kernel, some 90% of the codebase of the GNU/Linux system predates him, dating back as far as 1983 (though it's less clear when it became a work-from-home project).
Now if you want to credit Linus for Git/Github, that's a different story, and probably the one you should have written.