July 05, 2005
NYT on STEALTHy Cease and Desists

The New York Times reports on Leo Stoller's attempts to possess the word "Stealth": He Says He Owns the Word 'Stealth' (Actually, He Claims 'Chutzpah,' Too). The Times notes that for all Mr. Stoller's courtroom appearances, he has not won a single reported case. That hasn't stopped him from sending dozens of cease-and-desist letters, like these two from the Chilling Effects collection: Stealth v. Stealth Signal and Stealth Attack. Bullying, and even federal trademark registration, only give a trademark holder the right to police against consumer confusion -- not to take a common word out of the English language.

Mark Lemley clarifies the situation:

It's based on a misunderstanding of how trademark law works. Trademark law doesn't give you exclusive rights in words, only the right to prevent consumer confusion. He's not in a position to claim that his mark is unique or famous. It's a common English word that's already been used in many contexts as a trademark by others.

Posted by Wendy at July 05, 2005 10:39 AM | TrackBack
Comments

Wouldn't this qualify him as a vexatious litigant, per Rule 11? Seriously, he must be the poster boy for this kind of thing.

Posted by: paul on July 23, 2005 06:20 PM
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