We are looking to see who initiated the legal letter to the Number Crunchers to try to stop them from using their logo. We have attorneys on site, so we asked them. Their response was that this was an easy one for any grad in law to answer...
First, the logo does not have the registered trademark, service mark, or copyright stamp. (Is it because someone just applied for it about a week ago? ) By law it must have this.
Second, Government entities are public domain. “Works produced by the US government, or any government agency or person acting in a government capacity, are in the public domain, therefore allowing others to freely copy from Federal Documents.”
Thirdly, If you wish to complain about a company, you can use their name and logo. “While trademark law prevents you from using someone else's trademark to sell your competing, it doesn't stop you from using the trademark to refer to the trademark owner or its products. That kind of use, known as "nominative fair use," is permitted if using the trademark is necessary to identify the products, services, or company you're talking about, and you don't use the mark to suggest the company endorses you. In general, this means you can use the company name in your review so people know which company or product you're complaining about. You can even use the trademark in a domain name (like fountaindalesucks.com), so long as it's clear that you're not claiming to be or speak for the company.”
So let’s get to the bottom of the matter of LAW. Do we not have an attorney on the library board? Yes, we have two.
One is a Board elected official named Steven Prodehl and one is Tressler Law Firm.
Prodehl is an Attorney, Partner for the Law Offices of June, Prodehl & Renzi LLC, 279 S Schmidt Rd, Bolingbrook. He also is the Adjudicatory Law Judge for the Village of Bolingbrook in the Ordinance Courts. He, of all people, should know not to send a letter unless you are updated on the law. He should also have informed the board that they had no jurisdiction to send this type of letter and it was frivolous spending.
So why could two attorneys not research law before threatening a watch dog group? Are they incapable of research or just incapable of law? Why would Prodehl not advise the board that there is nothing that could be done about the logo before they spent the money to trademark or to send the letter? That is money lost… So who do we blame? The board president Peg Danhof or the attorneys on the board? Either way this is incompetence at it’s best. What about the rights of the people that elected them? Stopping the “press” is taking away the 75,000 residents freedom of speech and the Civil Liberties that layer that.
Thanks for mis-spending tax payers dollars AGAIN! Next time, hire a recent law grad and you can get better legal advice! Dinosaurs do not understand modern media, or apparently laws about such...
Two of the trustees (one was Prodehl) recently elected... indicated that the worst thing about Bolingbrook is the blogs. He does not seem to respect the 1st amendment. Do you think they might have it in for watch dog groups like the numbercrunchers?
ReplyDeleteThese "lawyers" are absolutely clueless, ignorant, or just outright Rogerite crony harassers. Do they have real law degrees or did they get them from a cracker jack box?
ReplyDelete