Matthew Inman, creator of the hilarious online comic, The Oatmeal, made waves earlier this year after being sued by FunnyJunk and then by FunnyJunk’s lawyer, Charles Carreon. The ensuing meltdown by Carreon was a perfect example of how a lawyer should never act. The furor over the lawsuits from across the internet nabbed Inman charitable donations in excess of $200,000 for the American Cancer Society and the National Wildlife Foundation.
Unfortunately, it seems that the Excelsior Printing Company didn’t get the memo on what happens when you bring absurd lawsuits against well-loved internet personalities. Yesterday the maker of greeting cards issued under the brand of Oatmeal Studios filed a lawsuit in federal court in Boston requesting an injunction against Inman’s sale of greeting cards, and unspecified damages due to Inman’s use of:
[A] mark that is confusingly similar to Excelsior’s Mark [and which] constitutes a reproduction, copying, counterfeiting, and colorable imitation of Excelsior’s Mark in a manner that is likely to cause confusion, mistake, or is likely to deceive consumers.
(Complaint [pdf], p. 5.)
How Excelsior thinks that consumers are dumb enough to confuse these two cards is beyond me:
Then again, I’ve met Joe Q. Public, and he’s not always the brightest bulb on the tree. I hope that this results in another public scolding for bringers of silly lawsuits.