Fry's Electronics Experiences
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Cease and Desist, Version 2.0
10/17/2002

Those who have been around for a while will remember the first cease and desist letter that Fry's sent me. They're at it again.

It looks to me like they don't like my ranking in the search engines being so close to the top, so they're talking dirty and trying to scare me into doing things which would cause my site to drop lower in the list.

Specifically, they're claiming that I'm infringing on their trademarks by talking about Fry's on the Internet. According to the cease and desist letter, they would like me to remove the third level domain "frys" from "frys.sthomas.net", remove "frys" and "fry's electronics" from my META tags, and remove all instances of "Fry's Electronics" from my HTML source.

If I were to do that, this would go from being a site about Fry's Electronics to being a site about some unnamed electronics chain based in Northern California. I wonder if that's their true intention?

You see, there's this little thing called "fair use" that falls under the First Amendment to the Constitution of the United States of America. For all the money they spend on lawyers, you'd think they'd have heard of it. I believe, as any reasonable person would, that my use of their trademarks falls under that doctrine.

All the relevant documents are linked below. You'll need either Adobe Acrobat or the free Acrobat Reader to view them. The list will grow as the case progresses, so check this page often for updates.

S.

09/05/2002 Their cease and desist letter
09/13/2002 My motion for declaratory relief
10/07/2002 Fry's is trying to dismiss based on venue
10/07/2002 Declaration from Kathy Kolder, a bigwig at Fry's
10/07/2002 Declaration from Judd Robbins, a professional "expert"
10/07/2002 Declaration from Fry's attorney
10/16/2002 Our objections to their declarations
10/17/2002 My declaration in opposition to their motion to dismiss based on venue
10/18/2002 Declaration from my attorney
10/18/2002 Memorandum of points and authorities in opposition to their motion to dismiss
10/25/2002 Their objections in opposition to my declaration
10/28/2002 Fry's reply in support of their motion to dismiss
10/29/2002 Judicial order denying Fry's motion to dismiss based on venue
11/12/2002 Fry's answer to complaint
11/12/2002 Cross complaint filed by Fry's alleging trademark infringement, unfair competition, trademark dilution, trade name infringement, and usurpation of their property, business and opportunity
11/18/2002 Notice and order for early neutral evaluation conference
12/01/2002 Notice of motion and motion to dismiss Fry's cross claims
12/01/2002 Memorandum of points and authorities in support of motion to dismiss Fry's counterclaims
12/01/2002 Request for judicial notice in support of my motion to dismiss Fry's counterclaims
01/11/2003 Order denying my motion to dismiss Fry's counterclaims
01/13/2003 My declaration in support of striking SLAPP action
01/27/2003 My anti-SLAPP motion
01/27/2003 Fry's memo of opposition to my anti-SLAPP motion
01/27/2003 Declaration of Judd Robbins in opposition to my anti-SLAPP motion
01/27/2003 Declaration of Kathy Kolder in opposition to my anti-SLAPP motion
01/27/2003 Declaration of William Curtis in opposition to my anti-SLAPP motion
03/15/2005 9th Circuit Court of Appeals reverses Anti-SLAPP decision


I am only one, but still I am one. I cannot do everything, but still I can do something. And because I cannot do everything, I will not refuse to do the something that I can do.

-Edward Everett Hale


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