Tuesday, October 16, 2007
How not to write a cease-and-desist letter: Comparing the Dozier Internet Law threat letters against InfomercialScams and InvendorEd
Do you want to have your reputation ruined, pay a million dollar fine, and in general tick everyone off? If so, Dozier Internet Law is the law firm for you! But if the thought of being in the presence of "Super Lawyer" John "Bull" Dozier is too intimidating, you can examine the form that Dozier seems to use to wreck their clients. (Just note that Dozier thinks US law likely will not govern the matter!
Our friend Donald E. Morris of Dozier Internet Law (presumably not a "super-lawyer" like his boss, John W. Dozier, Jr.,) is at it again. After threatening Infomercial Scams over its warnings against DirectBuy, now DonJohn is attacking Inventor Ed for statements on Inventor-Link.
This post compares the DirectBuy and Inventor-Link threat letters. The sections below are in order, except for "Legitimate Free Speech" which floats between the letters.
Section: "Please be advised"
Please be advised that our firm has been retained by DirectBuy, Inc. to investigate and take legal action against you for the series of unwarranted and defamatory attacks against it made by you and your visitors on your various websites. Specifically, these websites are www.infomercialblog.com, www.infomercialratings.com, and www.infomercialscams.com.
Please be advised that our firm has been retained by Inventor-Link, LLC to investigate and take legal action against you for engaging in the following activities (1) defamation of our client, (2) tortious (sic) interference with our client’s business; and (3) violation of our client’s website User Agreement.
Wednesday, October 10, 2007
I am not a lawyer. But I am interested in law, and two posts at New York Personal Injury Attorney deserve mention. Both relate to Dozier Internet Law, the lawyers for DirectBuy that sent a copyrighted cease-and-desist letter to a blog that was critical of their business.
Emphasis is mine on the excerpts below, but the text is NYPIA's
From "Personal Injury Law Round-Up #31:"
This one is priceless and really deserves its own post if I weren't so busy: From Public Citizen's Consumer Law and Policy Blog comes: Don't Post This Cease-and-Desist Letter, Or Else. Seems some chuckleheaded lawyer representing DirectBuy -- which isn't happy that some folks think the company's direct buy plan is a "scam" and a "nightmare" -- thinks his threatening cease and desist letter is copyrighted and can't be posted online. Ha! says Public Citizen, which tells Dozier Internet Law, P.C to stick it where the sun don't shine. And yes, "chuckleheaded lawyer" is clearly an opinion.
And from "Don't Post This Letter on the Internet!:"
The writer of the original letter, Donald Morris, seems to have clearly done his client a grave disservice with this stupidity. (I mentioned this the other day in my personal injury law round-up, but thought this chuckleheaded conduct needed its own post.) Perhaps his threats have succeeded before, but the result is that the letter, and the claims against his client, are now being re-broadcast across the internet.
(Mr. Donald E. Morris, Esq. is a practicing lawyer who works in Dozier Internet Law P.C.'s Glen Allen Office and wrote the threatening letter, as you can see in the pdf version).
NYPIA's point, I believe, is that the Donald Morris / Dozier law letter was so poorly written that it was "chuckleheaded" and "stupid." Another possibility, of course, is that the letter may have been intelligent and smart -- and aimed at Dozier Internet Law itself. On Dozier's "page hawking its service in defamation suits includes several incidents of employees and former employees purposefully sabotaging their employers out of spite.
So who is Donald Morris working for, anyway?