Passages Malibu sent a baseless trademark infringement claim

We have another "hero". This time it is "Passages Malibu" (passagesmalibu.com) or rather their legal department who sent a trademark infringement claim to our provider. Apparently Passages Malibu found a user report about their phone call and someone in their company got a bright idea on how to remove the user comment.

They decided to send a copyright and trademark infringement claim for mentioning their company name.

Too bad they did not read our Legal Stuff page and did not check other articles here. If they did, they would know that such baseless claim could lead only to getting more attention to the comments about their phone calls and about their attempts to remove negative reviews. 

I have no idea about the Passages Malibu service, but their lawyers should consider transferring to the marketing department. They have no idea about US trademark law, but definitely can attract publicity to their company.

Comments

  • +22
    Resident47
    | 6 replies
    It's unclear why the above notice is undated or why a link has not appeared in the "news" sidebar. I guess the drama began earlier this week.

    Team Passages could take a less cowardly route and call this a libel claim. But that means mucking about with resistance and statutes against SLAPP suits, so off they go down a beaten trail, the ugly trend of warping the meaning of "infringement" and the Lanham Act.

    I'll be curious to see their study of the millions in revenue their client has lost to a single comment in a solo thread on a phone call complaint site. The courts could use some more humorists writing briefs. It only took them nineteen months to notice the four sentence comment and decide to get prickly over it. Maybe the complainants can find jobs in the current reactionary Presidential cabinet after they lose this case.

    Might as well sue all the journalists and public officials who have used the Passages Malibu name in the past decade. They've been describing an arrogant company which sees nothing wrong with selecting which laws to break while expanding across an entire neighborhood which is not really zoned for a makeshift medical campus. I'm sure someday they will get around to spanking commentors on actual consumer complaint sites with specific things to say about how Passages loves insurance money more than its purported job. Finally they might as well sue me for passing along things written by others.

    I would have sworn we had a law concerning restriction of free speech ranking higher than the profit and loss statement of a ritzy-priced rehab spa with celebrity traffic. It's found in an old list someplace, I know. Maybe the Passages lawyers can find it for us, being the professionals in the room.
  • +13
    Kljo
    | 6 replies
    Resident47. I just want you to know that I love everything you just wrote. Perfect.
  • +13
    Resident47 replies to Kljo
    | 5 replies
    Thank you. Now I've doubled my readers to two!
  • +7
    Resident47
    With the quiet "passage" of nearly a month, I hope this means their foolish claims have dimmed like a wet candle. I notice the disputed number thread finally picked up a second complaint last week, suggesting that the illegal calls are not sufficiently deterred.
  • +6
    B-Edwards
    | 1 reply
    I'm reading!  There is so little turn-over in the Latest News box, that I think many people just overlooked the post.  I remember seeing that thread a while back, but is not generating many reports, is it?  No reports that suggest a large automated calling push.  Glad you posted, I will keep my eye on the box now that I know it is being used.
  • +5
    chainsaw replies to Resident47
    Res, make that three, I've always enjoy your comments. You should give lesson's to others on the art of how to make a comment.
  • +6
    Becca
    | 1 reply
    Make that four, actually. I've been hanging around here for ages, and I always appreciate your posts. Intelligently crafted snark is an art form.
  • +7
    Kat replies to Becca
    I agree! Intelligently crafted snark IS an art form.
    And make it five.
  • +7
    Shaunzy
    Hah!  At least six of us are out there!  We're like ants: if you see one, there's thousands of us!
  • +6
    Jess
    Make that 8 the post's that Resident47 puts are helpful for me and my elderly mom heck this site is helpful.
  • +5
    UnderSerf replies to Resident47
    I'm the 9th? Jeez, I need to read the sidebar more ;)
  • +6
    TelcoKitty
    Ok, I'll take the ten-spot. ;-)
    Even though every time I see Resident47, I pretend it's Resident Evil instead. bwahahaaa
  • +6
    Revivedfromdeath
    Resident47  Well make that another one who liked your comment .I laugh every time i see the commercial .I like reading the facts and about truth ,and how frivolous and ridiculous The Passages Legal Dept is .Well written and thanks ,For a simple comment ,it was a good read ,and you made me laugh during the worst day i have had in decades Thanks for that too
  • +5
    Philip
    Ironic, since they are trading on the name of a much more legitimate (and effective) dry-out place in Malibu called "Promises". Lots of Hollywood people go there to try to treat addiction.
  • +6
    swvaboy
    I'm always late to the party...But 1'll take the 13th spot as long as I don't have to sit at the kids table during the holidays!

    Thanks Resident47!

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