As if anyone needed more proof that shooting off an ill-conceived cease-and-desist letter is a bad PR move, Techdirt points us to a recent gem. The hilarious FAIL Blog publishes user-submitted photos and videos documenting various mishaps, incongruous images, and other examples of human fallibility, which it refers to as "fails." Last week, it published "Record Breaking Fail," which showed a screenshot from the Guinness World Records website for the entry "most individuals killed in a terrorist attack." The "fail" captured by the screenshot was a link on the page -- apparently part of the site's template -- encouraging readers to "break this record."
It seems that the good people at GWR didn't appreciate the humor or view the posting as a reminder to fix their website goof. Instead, in-house counsel for GWR sent an email to FAIL Blog that may qualify as one of the most bogus trademark C&Ds of all time. The email claimed that FAIL Blog's posting infringed GWR's trademark rights because its "star and pedestal" logo appeared in the screenshot. Correct me if I'm wrong, but I think the technical term for this kind of argument is "hogswallop." Trademark infringement requires consumer confusion, something GWR would never in a million years be able to show. U.S. law also recognizes the defense of trademark fair use and other defenses based on free speech principles.
Happily, the folks at FAIL Blog turned the whole affair into a something of a PR teaching moment. Sure enough, the original screenshot came down, but Fail Blog replaced it with a slightly altered version with the GWR logo fuzzed out and a copy of GWR's C&D:
Along with that, Fail Blog posted a comic yet biting response, warning GWR that "douchebaggy cyber-bullying emails will only bring upon you more shame on your house." Well put, if perhaps a bit crass and clumsy. And true because, due to the C&D, more attention than ever will be drawn to GWR's original mistake, as well as to its heavy-handed legal tactics in dealing with Internet commentary. FAIL Blog captures the point drolly:
Since we at FAIL Blog(TM) don’t have a legal defense department, we have complied with your request to remove the trademarked term and logo from the original image. We have used the “naughty bits filter” on the image to secure your naughty, naughty, trademark assertions. However, we have posted your email so that our audience can see why we had to remove the name of the failer from the image. I hope that this is the outcome you have expected as now NO ONE WILL EVER KNOW THAT GUINNESS WORLD RECORDS LIMITED HAS FAILED.
GWR appears to be slinking off with its tail between its legs. Techdirt reports that it has removed the original world record page from its site, probably wishing the whole thing would just go away. But that's the irony of the situation -- GWR's tiny website glitch surely would have passed into oblivion by now if the lawyers hadn't gotten involved and made it a fun topic of conversation.
