Tabberone is pronounced tab ber won
Law Firm of|
Page Added January 8, 2011
Last updated March 27, 2011
|Gibney, Anthony & Flaherty (www.gibney.com) appears to best know for being incredibly stupid when it comes to purple dinosaurs. It seems somewhere around 2000, some yo-yo named Matthew W. Carlin from Gibney, Anthony & Flaherty went on a rampage on behalf of Barney and the Lyons Partnership and began sending out cease and desist letters to everyone and their grandmothers who looked purple, had the name Barney or even mentioned the purple dinosaur without permissions from the Lyons Partnership.|
In January 2001, Matthew W. Carlin went after a web site called Yuks R Us (www.yuksrus.com) because it contained
jokes about Barney. Carling obviously needs a pacifier. Referring to jokes that contained perceived
"use and threat of violence" towards Barney as the flimsy basis of his attack, he repeatedly makes overblown and factually incorrect claims
and threats. In short, he lied his ass off. We will not go into detail here (read EFF letter to Carlin below) but he is full of shit.
Another attack target of dimwit Matthew W. Carlin was a web site called Urban75 (www.urban75.com) where Urban75 did remove the Barney pages but carried on a rather extensive correspondence with the fools at Gibney, Anthony & Flaherty. We assume the party responding was Matthew Carlin as the farce was his doing. When you look at the amount of exchanges between the two parties one has to wonder just how much billing this comedy generated for Gibney, Anthony & Flaherty and for Matthew Carlin personally.
Matthew Carlin also had the gonads, or was just plain stupid, to go after the Electronic Frontier Foundation (EFF) as if they would back off. Really. It seems that Matthew Carlin discovered the presence of a parody of Barney on the EFF's website, as part of the archives of an online magazine and archive project called Computer underground Digest ("CuD") that EFF had once hosted. So, off went a cease and desist demand to EFF. Not to be deterred, EFF replied and gave a point-by-point rebuttal if the silly claims put forth by Matthew W. Carlin of Gibney, Anthony & Flaherty.
As of the posting of this page, Matthew Carlin does not appear to be still employed at Gibney, Anthony & Flaherty. Perhaps that is because of his antics he managed to get the Lyons Partnership, Hit Entertainment and Barney sued in federal court - and they settled rather than fight? It seems that Carlin went after a web site called DustyFeet.com that featured a page about Barney. The page content obviously falls under the First Amendment but that did not deter the apple-brained attorney from Gibney, Anthony & Flaherty.
|Nor did it stop Dr. Stuart Frankel, owner of the web site, from retaining EFF for legal representation. Apparently Matthew W. Carlin is a bit slow because he was informed on March 1, 2002, that the EFF represented Dr. Stuart Frankel but Carlin violated legal ethics by continuing contact Frankel directly. Cindy A. Cohn, Legal Director for EFF wrote Carlin, October 14, 2005, warning him to stop making the unfounded threats. He did not and on August 23, 2006, EFF sued Barney on behalf of Dr Frankel. In November 2006, Barney turned blue and settled rather than fight the issues, Barney Owners Settle Parody Web Site Case , agreeing to pay Frankel's legal fees.|
"Mr. [John] Macaluso is the co-founder of Gibney's Online Brand Protection Group and supervises a staff devoted exclusively to
protecting and enforcing clients' rights on the World Wide Web. He also has extensive experience drafting and negotiating
Website Development and Hosting Agreements and advises clients on matters relating to new technology, computers and the
Internet. He is also experienced in business planning and financing, and has negotiated licensing and distribution agreements
with teams in several professional sports."
It also appears that John Macaluso (email@example.com) also is the co-founder of Gibney's Trademark Extortion Group. Trademark Extortion has become a new revenue stream of law firms who do not care about ethical misconduct.
|Claiming to represent the interests of Coach, Macaluso and his staff troll the internet looking for sites with listings of Coach bags and other items for sale. Once located, an obvious form letter is sent to the alleged infringer. This cease and desist letter is sent out over the cloned signature of John Macaluso which raises the question as to whether or not he actually has seen the "offending" material or are these extortion demands being generated by "Research Analysts", like Paul Szczepaniak, who have no legal training and probably lack any real skills for identifying genuine Coach handbags from internet pictures.|
|In our opinion, Macaluso and Gibney's Trademark Extortion Group are only interested in the bottom line - mo' money, mo' money, mo' money. After all, someone has to pay for those fancy downtown offices, their country club dues and those yachts. Why not have the unsuspecting sellers of Coach hand bags pay for it? We say it is a scam because when contacted and told the merchandise is authentic, Gibney's Trademark Extortion Group requests a copy of the receipt so they can reevaluate the item. If they were sure before that it was counterfeit, what is this? They are suddenly not sure? They never were sure. They terminate listings even when they are not sure. It is a numbers game. And a money game. And a racket.|
|Gibney, Anthony & Flaherty also represents Apple Computer, sHIT Entertainment, Rolex and Addidis, among others. We seriously doubt that Rolex watches being sold on eBay are authentic but the actions of Gibney, Anthony & Flaherty concerning HIT (Matthew Carlin again) are reprehensible.|
Articles | Cease and Desist Letters | Federal Court Cases | FAQs & Whines | Glossary | Hall Of Shame | Contributions
Initial Interest Confusion |
Likelihood Of Confusion |
Material Difference Standard
Parallel Imports | Post-sale Confusion | Puffery | Secondary Meaning | Subsequent Confusion | Trademark Abuse
Unauthorized Use | Unfair Competition | What is a Trademark?
Angel Policies |
Contributory Infringement |
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?
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