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Myths & Facts
About "Frivolous" Lawsuits
Real Frivolous Lawsuits in America are Businesses Suing Businesses
Civil justice restrictions advocated in Congress cut off the rights
of consumers injured or killed by faulty products, tilting the legal
playing field in favor of big businesses and against average Americans.
The truly frivolous lawsuits in America are those big corporations
file against each other, tying up the court's time and delaying trials
for others. Some examples of how businesses use the courts are listed
below.
Examples of Truly Frivolous Lawsuits Filed by Corporate Lawyers
GlaxoSmithKline
Drug manufacturer GlaxoSmithKline sued two generic drug companies
after learning that they were seeking approval from the Food &
Drug Administration to manufacture and market a less expensive, generic
version of SmithKline's anti-depressant drug Paxil. Despite the fact
that after a certain period of time all companies have a legal right
to create generic versions of prescription drugs and make them available
to more consumers who could not afford the band name, the sham litigation
allowed SmithKline to delay a generic version of Paxil from entering
the market by almost 3 years. The Legal Intelligencer, 5/23/05
Fox News
Fox News sued Al Franken for using the term "Fair and Balanced"
on his book cover. Calling the motion "wholly without merit,
both factually and legally," the judge, Denny Chin of United
States District Court threw out the case. Judge Chin said the case
was an easy one, and chided Fox for bringing its complaint to court.
The judge said, "Of course, it is ironic that a media company
that should be fighting for the First Amendment is trying to undermine
it." New York Times, 8/23/02
Enterprise Rent-A-Car
In 1998, Enterprise Rent-A-Car filed lawsuits against Rent-A-Wreck
of America (a tiny rental company) and Hertz Corp. and threatened
to file lawsuits against several other car-rental companies who use
the phrase "pick you up," claiming that "We'll pick
you up" is Enterprise's slogan. While those suits were pending,
Advantage Rent-a-Car counter-sued Enterprise, claiming that Advantage
had used the phrase "we'll pick you up" long before Enterprise
did. Enterprise argued in its lawsuits that the phrase means more
than "we'll give you a ride"; it means "we'll pick
up your spirits." Competitors said that there was no other way
to say "we'll give you a ride." Enterprise attorney Rudolph
Telscher said that "we'll decide in the courtroom who is correct
here." San Antonio Business Journal, 11/6/98
Victoria's Secret
Victoria's Secret went all the way to the Supreme Court in an effort
to sue Victor's Little Secret, a gift and novelty shop selling sex
toys and "Everything for Romantic Encounters" from a strip
mall storefront in Elizabethtown, Ky. Victor Moseley, who opened the
shop in 1998, named it Victor's Secret after himself, but changed
the name to Victor's Little Secret a few months later in a futile
effort to satisfy a sharply worded complaint from Victoria's Secret.
In 2003, Victor was the 95th most popular baby name for a boy and
Victoria was the 22nd most popular baby name for a girl. Moseley v.
V Secret Catalogue, Inc., No. 01-1015
Haagen-Daz
In 1980 the manufacturers of Haagen-Daz ice cream, in a suit against
Frusen Gladje, tried to lay claim to the concept of premium ice cream
with a "Scandinavian flair." Haagen-Dazs, Inc. v. FRusen
Gladje Ltd. A.B., 210 U.S.P.Q. 204 (S.D.N.Y 1980)
Mattel, Inc.
Toymaker Mattel spent five years litigating until the Supreme Court
turned down their request to reopen a trademark suit against MCA Records
Inc. Mattel had claimed that the preteen girls who buy Barbie dolls
were duped into thinking the song "Barbie Girl" was an advertisement
for the doll or part of Mattel's official line of Barbie products.
The song, by a Danish group called Aqua, includes the lyrics, "I'm
a blonde bimbo in a fantasy world/Dress me up, make it tight, I'm
your dolly." Mattel Inc. v. MCA Records Inc., 01-633, Associated
Press, 2/22/03
Mattel, Inc., the maker of Barbie, is waging an aggressive trademark
war against unsanctioned use of the Barbie name, attacking the founders
of the "Barbie Makes a Wish" weekend that raises money for
critically ill children; artist Paul Hansen, sued for $1.2 billion
for making $2,000 from the sale of his Exorcist Barbie, Tonya Harding
Barbie, and Drag Queen Barbie; and Mike Grove, who distributes Sizzler
toy cars to sick and dying children. Mattel made almost $4 billion
in annual sales in 1996, but has filed copyright and trademark infringement
suits against all three toy enthusiasts.Wall Street Journal, 1/9/98
Kellogg Co.
In 1998, Kellogg Co. sued Exxon Corp., claiming that Exxon's "whimsical
tiger" logo, which had been in existence for over 30 years, would
confuse consumers who associate the tiger logo with Kellogg's Frosted
Flakes mascot, "Tony the Tiger." A federal judge in Memphis
threw out the suit, saying that Kellogg was "grossly remiss in
failing to assert its rights" sooner. This didn't stop Kellogg,
which further clogged the courts by appealing the verdict to the Sixth
U.S. Circuit Court of Appeals in Cincinnati. In its brief, Kellogg
argued that the Exxon tiger, like Tony, "walks or runs on his
two hind legs and acts in a friendly manner." Forbes.com, 10/17/00
Wal-Mart Stores, Inc.
Wal-Mart Stores Inc., the world's largest retailer, is going to court
to prevent wares bought at rival Kmart Corp. from going for a spin
at the register. Bentonville-based Wal-Mart has a patent on its carousel
that holds its blue plastic shopping bags. The cashier drops items
into bags as merchandise is rung up, and spins the rack to make the
effort easier for both the cashier and the customer lifting out the
bags. Wal-Mart is suing in a Delaware court to keep Troy, Mich.-based
Kmart from using a similar device. The Associated Press, 7/17/03
Hormel Foods
In November 1995, Hormel Foods, the maker of the luncheon
meat SPAM, sued Jim Henson Productions to stop the creator of the
Muppets from calling a character in a new movie Spa'am, claiming that
the character was unclean and grotesque and would call into question
the purity and quality of its meats. A federal court rejected Hormel's
claims, and Hormel also lost on appeal. Pacific Business News, 5/30/01
Walt Disney Company
In 1989 Walt Disney Company used a lawsuit to force a public apology
from the Academy of Motion Picture Arts and Sciences for an "unflattering"
representation of Snow White in the opening sequence of the 1989 Academy
Awards ceremony. USA Today, 5/1/89
Updated June 2005
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