NY Giants have filed suit against me.

[gonzo116]

I need a lawyer for what could be a very high profile national case. This is a "time is of the essence" plea. A case that I've been told can be won, but would be costly as it involves the New York Giants NFL football team. Hopefully I have enough room to outline it, if not please feel free to email.

Basics:
1.The NY Giants play all their home games in New Jersey.
2.The majority of revenue the Giants recieve come from fans in NJ. (Quoted from NJ Meadowland Executive Chairman, Ray Bateman. Giants home field)
3.NJ Giants fans and many government officials from the Governor on down are up in arms over the recent uniform change from the helmets reading "Giants" back to the retro style which features the NY logo.

Cause:
1. I registered the Internet domain name newjerseygiants.com and began selling "Parody" "Protest" NJ Giants T-shirts and hats with a parody of the NY logo to a NJ logo.
2. This resulted in extensive media coverage including most major NJ papers, NJN TV interviews, The NY Times, and a radio interview with the "Ramblin with Gamblin NY radio show. A nationally syndicated show.

Action:

1.The Giants became furious and threatend to sue if I id not hand over the domain name and show proof that all these protest shirts were destroyed claiming trademark infringment, cyberpiracy, ect.
2. They set a deadline to comply. Then they set 4 more deadlines to comply with growing animosity and threats.
3.They have now filed a formal complaint.
4. Various attempts were made to reach VERY equitable settlements were rejected.
5. They are represented by Case&White.

Argument:

1st amendment/Freedom of Speech
Parody protection under Trademark law (We have applied for TM) There is MUCH MUCH MORE including case histories.
Need an attorney or may have to cave for lack of funds.
Email for additional info on their ongoing harrasment and case histories. Very little time left now. Visit newjerseygiants.com to see site in question.
Thanks much

TS Penn

 

[HomeGuru]

http://www.attorneypages.com

 

[T-DESIGNER]

This is an old post, but does anyone know the outcome of
this lawsuit? Did the case go to court, did an attorney
advise him to desist from operations, did GONZO116
"cave in", or has the novelty of the parody worn off?

I notice WWW.NEWJERSEYGIANTS.COM is not
operational.

P.S. I sent an e-mail to Mr. Penn, inviting him to post a
reply, but he may be unwilling/unable to do so under
advice from his attorney.

 

[T-DESIGNER]

........................... N___O___T___I___C___E___!

IF YOU INTENDED TO VISIT THE NFL GIANTS' FOOTBALL WEBSITE, CLICK ON THE FOLLOWING LINK:

................................. GIANTS

BEFORE YOU CAN ENTER THIS WEB SITE, YOU MUST ACKNOWLEDGE THIS WEB SITE IS NOT AFFILIATED WITH THE NATIONAL FOOTBALL LEAGUE NOR THE GIANTS FOOTBALL TEAM. PLEASE ACKNOWLEDGE BY TYPING "RXT34" OR "rxt34" (A RANDOMLY GENERATED CODE) IN THE BOX BELOW AND THEN CLICK ENTER.


.................................._____________
.................................|
.................................._____________

.................................. E N T E R <---- (READ ABOVE FIRST)


Sincerely,

Fair Competitor

 

[T-DESIGNER]

As an independent and objective observer (meaning I really
could care less), I have the following comment:

Just as the stadium of the Giants is near the border of New York,
it appears the Giants are bordering on the line of false
advertising, when:

(1) the Giants use an abbreviation as a logo on their helmets,
(2) the abbreviation being used commonly denotes the State
of New York, but
(3) the stadium is located in New Jersey.

If a USA auto manufacturer has an automobile plant located
in Canada, near the border of the United States, do the NFL
and Giants think:

It is ethical and quite legal for the auto manufacturer to put
a "USA" emblem on each Canadian manufacturered automobile,
provided it does not read "MADE IN USA"?

 

[T-DESIGNER]

&quot;THE WIND DONE GONE&quot;

The originator of this thread mentioned he was selling parody
t-shirts, intended to ridicule the Giants in their use of "NY" as
a logo on their helmets.

Here is an interesting link concerning some recent cases about
parody and copyright laws:

http://writ.news.findlaw.com/hilden/20010430.html

Considering some people may interpret the use of "NY" on
the Giants' helmets as being false advertising, I am wondering
if Mr. Penn's attorney(s) has used false advertising as a line
of argument, and if not, whether or not his attorney should
return to the courts and ask for relief/removal of any injunctions
issued against Mr. Penn.

If it takes 5 years for the courts to settle this case and the
courts side with Mr. Penn, who won? The Giants or Mr. Penn?
Who won if there was an injunction in effect against Mr. Penn
for the 5 years? The Giants or Mr. Penn? It seems the courts
are taking the side of big business, but then again, I am
unfamiliar with the status of this case or any arguments being
made by the Giants organization.

Suppose there is an injunction in effect against Mr. Penn.
Could the courts hold Mr. Penn in contempt if he designed and
sold a parody cartoon t-shirt that showed:

1) a tug of war scene,
2) on one end of the rope is a cartoon drawing of Mr. Penn
dressed in a Giants uniform, but with a NJ logo on the helmet,
and,
3) on the other end is a cartoon drawing of the judge
handling the case, wearing a judges robe, but wearing
a helmet with the "NY" logo,
4) followed by several 300 lb males dressed in Giant
uniforms and helmets with the "NY" logo?

It could be a football scene of some sort, but you get the idea.

Are the courts exempt from parody?

Anyone care to speculate?

Citizen Brown