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not tay ber own

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  "The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke

The Putrid Plecostomus Award

pronounced (pluh - cost - tuh - mus)

"In the aquarium, this dark colored bottom-feeding nocturnal catfish is often purchased for its ability to clean algae from fish tanks. Being nocturnal, they usually avoid light and like to hide in dark places, coming out to feed at night. However, in aquaria, they can easily learn to be active in the daytime. They are hardy fish and can tolerate a range of conditions. In their natural habitat, this species feeds on algae, aquatic weeds and other plant matter and small crustaceans."
Source: Wikipedia






  1. : a fish that feeds at the bottom
  2. : one that is of the lowest status or rank
  3. : an opportunist who seeks quick profit usually at the expense of others or from their misfortune (e. g., corporate lawyers)
Source: Merriam-Webster On-Line Dictionary

We award the Putrid Plecostomus Award to those corporate law firms and supporting companies that go over and beyond the usual ethical violations we describe and abhor. The law firms and supporting companies are responsible for the actions of their employees. We do not take this responsibility lightly. Enough chit-chat; let the awards begin.

We do note that we have received one formal complaint concerning this award.


Skadden, Arps, Slate, Meagher & Flom, LLP, of New York City
Kenneth A. Plevan, a partner at Skadden, Arps, Slate, Meagher & Flom, LLP, of New York City, leads his firm to our very First Award of the Putrid Plecostomus to a law firm for sinking lower than the call of duty. Their client, Bumble and bumble Products, of course gets an unhonorable mention. Kudos to Skadden, Arps, Slate, Meagher & Flom, LLP, of New York City for in principle admitting their client was in the wrong and then dragging out the settlement taking advantage of a work-at-home-mom (WAHM) small business whose owner is very sick and can't afford good representation (applause, please). Kenneth A. Plevan, you are a sorry S.O.B. Skadden, Arps, Slate, Meagher & Flom, you are a low-life law firm.


Andrew S. MacKay, a partner at Donahue Gallagher Woods LLP, with three offices in the Oakland, California area, leads his firm to our Second Award of the Putrid Plecostomus to a law firm for sinking lower than the call of duty. Their client, Autodesk, convinced Donahue Gallagher Woods LLP, or was convinced by them, to ignore court decisions in their circuit so all could go merrily upon their way trampling upon the rights of sellers. Sir Andrew of the Thin Skin has little liking for those who insinuate perjury and threatens them with a temper tantrum if they don't stop. (applause, please). Andrew SorryAss MacKay, we are still awaiting your lawsuit.
Donahue Gallagher Woods LLP, with three offices in the Oakland, California area



Darlene Seymour, Esquire, in-house counsel for Continental Enterprises, who are, in our opinion, extortionists, not cyber-cops. She regularly files federal lawsuits in state courts. Why? We think she's either an idiot, or trying to snooker the defendants, or an unethical lawyer who is trying to save on filing fees. We consider her to be the personification of a bottom-feeder. Proof that today's women corporate lawyers can be as sleazy, or more, than their male counterparts. Our congratulations to Darlene Seymour (hearty applause, please).


Embroidery Software Protection Coalition, and their "Counsel", Carole A. Faulkner, and Martin Favre, the Director of the Embroidery Software Protection Coalition and the President of Bernina USA. They are engaged in what we call copyright extortion. This is where a copyright owner threatens to sue someone if they do not pay a prescribed sum to the copyright owner, or its representative. In this case, the typical victims are Work At Home Moms (WAHM), aunts and grandmothers on social security whose sin was to innocently purchase embroidery cards that were not authentic. (hearty, hearty applause, please). Embroidery Software Protection Coalition (ESPC)


Kinsella Weitzman Iser Kump & Aldisert LLP, of Santa Monica, California, brought to you by their perjurous associate Jennifer McGrath, while representing another member of Tabberone's Trademark & Copyright Abusers' Hall of Shame, Merle Norman Cosmetics. They are here because they either committed perjury or condoned (and/or ignored) the perjury of Jennifer McGrath when she falsely claimed in an NOCI to eBay that re-selling unopened, unused Merle Norman Cosmetics was a violation of FDA regulations and contrary to eBay's Drugs and Paraphernalia Policy. (very hearty, hearty applause, please).


Articles | Cease and Desist Letters | Federal Court Cases | FAQs & Whines | Glossary | Hall Of Shame | Contributions

Corporate Lawyers
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eBay - Land The Game


Trademark Definitions
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Parallel Imports   |   Post-sale Confusion   |   Puffery   |   Secondary Meaning   |   Subsequent Confusion   |   Trademark Abuse
Unauthorized Use   |   Unfair Competition   |   What is a Trademark?
Copyright Definitions
Angel Policies   |   Contributory Infringement   |   Copyrightability   |   Copyright Extortion   |   Copyright Misuse Doctrine
Derivative   |   The Digital Millennium Copyright Act   |   EULA   |   Fair Use   |   First Sale Doctrine   |   Product Description
Registration   |   Registration Denied   |   What is a Copyright?   |   What is not Copyrightable?
Other Issues
Embroidery Designs   |   FAQs & Whines   |   Image and Text Theft   |   Licensed Fabric   |   Licensing & Licenses   |   Patterns
Patterns Index   |   Profit   |   Quilting   |   Selvage   |   Stanford School of Law Case Outline
Tabberone Disclaimer   |   Trademark Extortion   |   Urban Myths   |   What To Do If You Are Veroed

Federal Court Cases
Alphabetically | by Federal Circuit | by Subject | by Court Quotations

Federal Statutes
Copyright Act 17 U.S.C. 5 | Digital Millenium Copyright Act 17 U.S.C. 12 | Lanham Act 15 U.S.C. 22

VeRO (Verified Right's Owner Program)
VeRO Commandments | VeRO-Verified Rights Owners Program | Counter Notice Letter
Counter Notice (pre-2003) | Counter Notice present | On-Line Survey from 2004 | Articles about VeRO | What To Do If You Are Veroed

Original material by Karen Dudnikov & Michael Meadors is © 1999-2019

A Cup Of Joe For A Joe
by Green Beans Coffee Company
Karen and Mike, also known to you as Tabberone, have been actively participating in various troop support programs for a number of years. An important one we have discovered and supported is one run by the Green Beans Coffee Company of Larkspur, California. The Green Beans Coffee Company runs coffee houses in Iraq and Afghanistan, the Middle East and at other US military bases around the world. Your donations are converted into email chits that are randomly given to military personal who are based near these coffee houses. You are then sent an email by Green Beans Coffee telling at what location your donation(s) was distributed. The military recipient of your donation is also given the opportunity to email you a thank you with a message, which many of them do.

Modern military deployment has changed very much since WWII, Korea and Vietnam. Back then there was no internet or cell phones. A soldier very rarely could call home or even go home on leave. But modern deployment does not alter the dangers they face. Green Beans Coffee is one of the little pleasures they can enjoy. Any donation makes a service man or service woman smile. We contribute every month.

More information is available at
We rarely link to other sites. It is a really good cause.


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