This just in from the Electronic Frontier Foundation (EFF) – the amicus brief in support of defendant BlockShopper.com‘s motion to dismiss the lawsuit filed by Jones Day against the real estate news site. Jones Day has alleged that BlockShopper’s use of the trademark "Jones Day" to refer to the firm in a headline and linking to the Jones Day website could lead to confusion over the sponsorship of the site.
The brief, filed by EFF and Public Citizen, joined by Public Knowledge and Citizen Media Law Project, urges the federal judge in Chicago to dismiss Jones Day’s claims, on the ground that they are aimed at quashing speech by an online news site.
According to the Amici:
If Jones Day’s trademark theory were correct, no news site or blog could use marks to identify markholders, or links to point to further information about the markholders, without risking a lawsuit.
Other hot docs in from EFF:
EFF and Public Knowledge filed suit on September 17, 2008 against the Office of the United States Trade Representative (USTR), demanding information about a secret intellectual property enforcement treaty that the government has put on a fast track to completion. more…
In Jewel v. NSA, EFF is suing the National Security Agency (NSA) and other government agencies on behalf of AT&T customers alleging illegal, unconstitutional, and ongoing dragnet surveillance of their communications and communications records. more…