chain of causation

a series of events in the life of a lawyer

Archive for May 2009

Reclaiming SRJC from the Internet

http://www.pressdemocrat.com/article/20090508/ARTICLES/905079854/1350?Title=SRJC-threatens-to-sue-students-faculty-over-private-e-mail-accounts

A certain Santa Rosa Junior College is claiming that using the letters ‘SRJC’ or the name of the school in an email address. The school has threatened legal action against those using email addresses in violation of the policy. Quite predictably, there has been substantial backlash from not only students but professors at the school in claiming that no reasonable person would accept as legitimate official communication from outside the santarosa.edu domain and that the action is simply bureaucratic and a waste of resources to enforce.

While the administrations actions are not without merit in that they do not want unauthorized use of their trademark, they key evaluation here is the likelihood of confusion. Will consumers be confused as to the source-identification of email addresses containing SJRC not based out of the santarosa.edu domain? Without a study there is no definitive answer but emprically the answer would appear to be no. Many financial institutions have had to deal with falsified emails purporting to be from them and as such have promulgated best practices to users as to identifying whether emails received are legitimate or fake. These practices have been around for several years now and hopefully by now most users are accustomed to verifying the authenticity of emails.

There is also the issue of fair use and free speech. Even though ‘Santa Rosa Junior College’ may be a trademark, I am permitted to use it in this context because it is impermissably difficult to constantly refer to it as ‘the educational institution of higher learning located in Santa Rosa.’ Furthermore, even though trademark provides protection against infringement it is not allowed to provide protection that supercedes First Amendment freedom of expression protections.

Ultimately, I believe the Santa Rosa Junior College is going to have a difficult time exacting compliance with its newly enforced policy in that SRJC may be used outside the college context (Santa Rosa Juggling Club perhaps). In addition, the lack of confusion amongst Internet users, and the defenses of fair use and freedom of expression will probably reduce the policy to going after those who truly intend to ride on the goodwill of the SRJC trademark for nefarious purposes.

Written by Vincent Kan

May 27, 2009 at 2:13 pm

Posted in Random

Short Quips: May 27, 2009

  • To add to the series of things not to do while on jury duty and to borrow a meme from the Internet – Jury Duty is Serious Business: Juror du Jour: Boredom His Downfall. [via Legal Blog Watch]
  • One of the fundamental requirements of machine produced evidence is that there is additional evidence describing the process or system used and that said process or system produces accurate results (FRE 901). It is rather disturbing then that breathalyzer machines relied upon as evidence can be so poorly designed and tested: Buggy breathalyzer code reflects importance of source review [via Ars Technica]
  • While zero tolerance policies set a hard stance against undesirable activities, I believe they remove one of the strongest traits of humanity – adaptability to circumstances. What kind of message are we sending when we expel a student who is a member of the basketball team, leadership team, and choir, Girl Scout for 9 years, and youth usher, for possessing an eyebrow trimmer which technically qualifies as a razor and weapon under statute? Penn Hills Student With Eyebrow Trimmer Suspended
  • As a follow up to this post (and this one) a few weeks back about gripe sites, this is an article designed to keep the gripe site operator out of the crosshairs himself. Avoiding Gripes About Your Gripe (or Parody) Site [via Electronic Frontier Foundation]
  • Although written in the context of web professionals, this is equally as relevant to lawyers and professionals of all trades: Burnout [via A List Apart]

Written by Vincent Kan

May 27, 2009 at 1:42 pm

Posted in Random

Short Quips: May 2, 2009

Written by Vincent Kan

May 2, 2009 at 5:33 pm

Posted in Random