The "Stuff-it" lawsuit, more legal input

[Suzanne Burns]

No: HPFGUIDX 5785

Hello there everyone, and especially Heidi who I know is working on the
FAQ:

I have been following up on my quest to dig up every single absurdity
that exists (the list is endless) in Stouffer's claims against Rowling.
I found a lawyer/writer who keeps a journal on the web, and who
apparently actually managed to get his hands on Stouffer's text. He
published a short rant about what an opportunistic hag she is (albiet he
used more legally acceptable language than I am), and confirmed what is
pretty much obvious to us all, that there is no similarity.

I wrote to him and asked him where on earth he found the texts, since my
own search was utterly fruitless (even the Library of Congress does not
have the books). His reply, with a few other legal points:

"The U of I Education Library is where I found them--there's a special
kids' books collection. They're long out of print, which just makes the
problem that much worse. As a matter of trademark law, it's arguable
that
(even if she had a case at all) she abandoned the mark by not taking
action the instant the book hit the shores here--she waited for a movie
deal to be announced. There's another abandonment argument in the
failure
to continue exploitation since the books went out of print several years

back.

I didn't have to look in the OED. I lived "over there" for several
years,
during which I heard "muggle" tossed at the Yanks quite frequently . .
."

Two things:

1.)  First of all I want to obtain the texts and put together a document
in which I really examine Stouffer's claims-- according to this
gentleman, she is massively stretching things to claim that there is ANY
similarity at all. Legally how much can I quote from the text without
running afoul of "fair use"?

2.)  What do our legal experts here on HP for Grownups think about what
Jon says above about "abandonment"? I was wondering about this earlier
because all the records I found indicated that Stouffer NEVER had a
trademark at all, and right now only has a trademark pending.

Thanks guys-- I know this issue has pretty much hit "dead horse" status.
It sounds like nobody is taking it seriously. But until a final decision
is reached, my little claws are out and doing their work.

Cheerfully,

Suzanne/Rainy Lilac