Public Citizen Litigation Group is hiring a new lawyer. Although our series of cases against the Trump Administration's law breaking is most in the news these days, we do a wide range of administrative and consumer law (thinking very broadly about how to advance consumer interests)

/3
Really the problem here is many lawyers encourage clients like Amazon to draft in broad terms that the company can later deploy to its advantage, and here that broad language has come back to bite Amazon in the butt.

I am not so sad about that

/2
The trademark provision states a very robust version of a prohibition of dilution by disparagement which, sadly, some courts have broadly employed to forbid negative statements about the trademark holder (as in Dallas Cowboys, for example). And the internally contradictory language in the clause about products may well tell users that they can say negative things about products but it does not say that they may say negative things about Amazon as a merchant.


/1 Eric, forgive me, but after looking very quickly at the other contract terms cited in Amazon's motion to dismiss, and quoted in your blog post only in part, I am not so sure that you are right to disparage the plaintiffs' claim here.