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Marcus J. Ledergerber Senior Analyst at Morgan, Lewis & Bockius LLP

Last Updated March 25, 2012

 

Marcus J. Ledergerber, Esquire, strikes us as a whack job extraordinaire. His name appears in the Trademark Office listing of Opposition Filings, in numerical order, and the alphabetical listing of same. Look for MONSTER BYTES.US. Seems Marcus J. Ledergerber wants his name taken off these reproductions of public documents. We declined. And he has been having an on-going hissy-fit ever since. What part of public documents does Marcus J. Ledergerber, Esquire, not understand? These are available to anyone who want to read them, copy them, or to publish them. Except, according to Marcus J. Ledergerber, for Tabberone and this web site. And what part of "Greg beck does not represent us" does Marcus J. Ledergerber, Esquire, not understand? When we talked to Greg in Spetember 2012, he mentioned that Marcus J. Ledergerber, Esquire, was still contacting him about these web pages. Marcus? Grow up! We said NOTHING negative about you. All we did was to list oppostion filings by Monster Cable. And you cannot seem to cope with a pectectly innocent, and perfectly legal, web posting. Get over it! His reasoning lacks credibility. So he sent us what we believe is a Cease & Desist letter. Probably the lamest Cease & Desist letter we have ever received. However, let us put this exchange into historical context:

On May 22, 2011, we received an email from Marcus J. Ledergerber that demanded that we "remove from your website this reference to my name (i.e., Marcus J. Ledergerber)". Our response was short and to the point: "Why". It seems he wanted us to change the Trademark Office listings to remove his name and replace it with the word "Individual". Huh? Here we have an attorney who wanted a reference to a public document altered to remove his name. It isn't like he was being accused of a crime or anything. Just his name where he had filed for a trademark and canceled the trademark after his application was opposed by Monster Cable. Big deal. Or so we thought. We replied:

It's a public record available to anyone on-line. Barring unusual circumstances we see no reason to alter the information.

Really. All we asked was for a good reason. We are not in the habit of changing pages just because someone does not like what as said. And in his case, all we did was quote the Trademark Office Opposition Filings. That was all. His response:

Understood, your point underscores the reason for this request. The combination of a real name with a context amounts to personally identifiable information. With these circumstances in mind, I would greatly appreciate your removal from this listing of just the personally identifiable information, i.e. the reference to my name Marcus J. Ledergerber

Huh? We popped Marcus J. Ledergerber into a Google search and his name is all over the place. He is on Twitter (twitter.com/mledergerber); trademarkia.com lists him as filing for a trademark; he has his own page on Listorious (http://listorious.com/mledergerber/lists); he state that his occupation is "eDiscovery Operations" (for whom?) on his Google Profile Page (https://profiles.google.com/Marcus.J.Ledergerber/about); he is listed as a user on ImpluCorporation's web site (social.implu.com/t/t626); and let us not forget his profile on LinkedIn (http://www.linkedin.com/in/marcusledergerber) where he states he is a "Senior Analyst at Morgan, Lewis & Bockius LLP" but the web site for Morgan, Lewis & Bockius does not list him as an attorney working there, but perhaps they do not list every Tom, Dick and and "Senior Analyst"; not to mention the tweets that show he is following someone (rats, we mentioned it); other listings by the Google search which includes and our web site, of course. So what is the big deal?

Really? He is a lawyer, for crying out load. He posts on the internet. So what is so special about his name in some public records? All we did was quote the Trademark office records concerning Monster Cable opposition filings. His response:

I’m requesting this as a matter of professional courtesy. It’s not just the reference to my name, it is the context in which it is referenced. Can we talk about this further? My telephone number is 415-xxx-xxxx. If you prefer, I can call you at a convenient time.

Professional courtesy? With a lawyer? Right. And we have some ocean front property here in Colorado that we sell you real cheap. Lawyers are professional liars. And what is this crap about "context"? All we did was repeat public records.

Sent: Sunday, May 22, 2011 8:31 PM What part of "it is public information available on-line to anyone at the PTO" do you not understand? First, we are not lawyers so the professional courtesy reference carries no weight with us. Second, the context is fact, that according to the PTO records Monster Cable filed in opposition to your filing for Monster Bytes.US. That is all that is stated in the record and on the web pages. The unstated implication is that you folded like a cheap lawn chair when Monster Cable filed but that is left to the person browsing the web pages to conclude if they are so inclined. Third, we have no desire to talk to you on the telephone about this.

We think that the real issue is the fact he did not defend his own trademark filing. And he's a lawyer. After a tepid reply we thought we would not hear from him again. Wrong. On June 1, 2011, we receive what we consider to be a cease and desist email from Marcus J. Ledergerber:

I did not authorize the posting of my name on the Tabberone.com website. The context in which you've posted my name is misleading. In light of the scathing posts about various persons and entities in your "Hall of Shame", I do not want any false light to be shined upon me. http://www.tabberone.com/Trademarks/HallOfShame/MonsterCable/MonsterCable.shtml As an example, the following statement, within the context of various postings on Tabberone.com, suggests that I'm affiliated with your message: "we will show you why a lot of other people believe the same thing." I'm a firm believer in free speech, however, the context in which you posted my name is misleading, projects a false light about me. To remedy this issue, please remove my name from all pages, including all references in metadata. Thanks for your understanding. I will greatly appreciate your confirmation that all references to my name have been removed from all pages that comprise the Tabberone website.

Cleverly worded to make his case. A feeble and weak cease and desist email, but a C&D none the less. We are hardly terrified. We have received better cease and desist threats and we told him so:

Sent: Wed 6/01/11 9:25 AM Since your name is accurately mentioned in context in a public document we do not need your permission to post your name. No reasonable person would believe that the negative posts in the Hall Of Shame were about you in any manner. You appear to be attempting to build a case for defamation that does not exist. You are fabricating the unsupported suggestion that a reasonable person would conclude that you are affiliated with our message. You are also fabricating the impression that the posting presents you in a false light. You seem to have some ulterior motive for wanting your name expunged from the accurate posting of a public document. You have failed to state your real motive. If, as we suspect, your latest barrage of emails is an attempt to lay the groundwork for a future legal action for defamation, we suggest you read the following pages first. A large New York law firm threatened us with a defamation law suit, 5 years, 3 months and 5 days ago, and we are still awaiting the paperwork. www.tabberone.com/Trademarks/HallOfShame/ReedSmith/ReedSmith.shtml www.tabberone.com/Trademarks/HallOfShame/Sykel/Sykel.shtml You have not disputed that the information posted is public record nor have you claimed the posting of the information itself is inaccurate. Please do not bother to email any more. We are not altering the public document as you demand.

We were going to ignore him but now we are pissed off. Ergo, attorney Marcus J. Ledergerber has his own page. We can only hope he spells our names correctly in the lawsuit he is contemplating.

It cannot be the publicity he fears. He is a lawyer. They love publicity. And his actions prove it. They must have gotten this infotmation from him. We only sampled a few of the search results. Source: http://lawyers.justia.com/lawyer/marcus-j-ledergerber-1490632 — eDiscovery Attorney | Project Manager Legal Experience: 2 years, Jurisdictions: New Jersey, New York Source: https://twitter.com/#!/mledergerber &mdash @MLedergerber eDiscovery Attorney | Project Manager Source: lawyers.law.cornell.edu/lawyer/marcus-j-ledergerber-1490632 — same as http://lawyers.justia.com Source: http://www.ediscoverypeople.com/blogs/marcus-ledergerber — Submitted by Marcus Ledergerber on Tue, 08/09/2011 - 12:19pm,

On March 15, 2012, the offices of Morgan, Lewis And Bockius, in San Francisco, California, IP address (12.7.84.130), was inspecting these web pages. Marcus? Are you contemplating a lawsuit through your Left Coast offices? Or, as we suspect, you have becone the company clown and they are looking at the pages for themselves? Someone, tell us. Please.