Garrison Keillor’s Prairie Ho
Justin Levine is rightly outraged over this, and has offered to assist the defendant victim pro bono and urged other lawbloggers to do likewise. I agree, and would be happy to assist Justin behind the scenes if Rex takes him up on the offer. I don’t think Justin is going far enough, however. If crazy legal threats are to be stopped, something needs to be done about the lawyers who make such threats, as well. If I were Rex, I’d report attorney Eric Nilsson, the author of the frivolous demand letter sent on Keillor’s behalf, to the Minnesota Bar. Let them be the ones to decide where zealous representations stops and abuse of process begins.
September 19th, 2005 at 8:39 pm
[...] XRLQ has Garrison Keillor’s Prairie Ho Filed under: Media, Blogosphere, Law — Flap @ 3:55 pm [...]
September 19th, 2005 at 8:41 pm
Xrlq,
If Rex sent us some of the t-shirts and we in California advertised them for sale would Keillor have a federal or a California state cause of action – if we did not cease the sale?
Flap
September 19th, 2005 at 9:32 pm
Well, the original letter is automatic boilerplate. Everyone knows (or should) that using an uncapitalized “Coke” when writing about anything other coal or steel-making will get that letter sent out.
One of the commentors supplied a link to an article of an L. L. Bean case against a skin mag. While the authors disagreed with the basis used in deciding the case, keep reading – there are other bases. Parody or no, it looks like “dilution” of trademark might just stand up – depending on the judge/locale – because it may be too close to the original.
Except, MNSpeak has ceased and desisted.
September 19th, 2005 at 11:50 pm
FYI, I’m selling my “A Prairie Ho Companion” t-shirt on eBay. I write for MNspeak.com and am currently job-searching, i.e. broke. It’s the only shirt for sale that I know of:
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=8335506305
September 20th, 2005 at 7:09 am
Something smells on the paraire and i dont meen buffalo chips
September 20th, 2005 at 4:52 pm
I still think much of Keillor’s stuff is funny, but have long known that he’s a jerk. In fact, there seems to be a direct correlation between funniness and jerkitude. Call it “Girsch’s Law of Comedy”: The funnier someone famous is, the more likely it is that they are a complete ass in real life.
I formulated and refined this theory in large part during a short time in which the bar my sister managed was a comedy club instead of just a hotel bar.