April 26, 2012

No Regrets (y) - part two, the Ecologica Malibu story

A few days ago, I had posted No Regrets (y), a story about Ecologica Malibu, a wholesaler of furniture masquerading as a crafter on Etsy. A fun story and it gets better -- much much better. The husband is a member of the California Bar and wrote a letter of Cease and Desist complete with tortured grammar and spelling errors. Mr. Schechter's office is a virtual rental unit. The link above provides the entire story. But it gets better -- much much better. From Regretsy:
NO, YOU CEASE AND DESIST
You may recall I posted the world�s most unintelligible Cease and Desist letter yesterday, as drafted by Howard Schechter of Ecologica Malibu/Bali Ha�i Imports.

The letter was not directed to me, but to a woman who started a thread in the Etsy Forums the other day. She posted a polite and reasonable request, asking Etsy to make a formal statement on the issue as soon as possible.

It is important to note that she did not level accusations at the Schechters, nor did she hurl invective at them. She did not call them, say, �liars� or �cheaters,� or �thieving lying cheating resellers,� for example. She did not use words like �sham� or �con� or even �douchenozzle.�

Even so, Mr. Schechter, or possibly Mrs. Schechter, or possibly one of their four carpenters, felt this constituted �liable� against the company, which has now been proven to be a reseller, or as Etsy calls them, �a collective.�

Enter Ken at Popehat.com. Ken, an attorney who occasionally offers pro-bono help to bloggers, thought this particular Cease and Desist merited a reply.
What follows is three pages of legal perfection. A wonderful slapdown. Ken is one of the senior partners at a large law firm. The link to the post has a screen-cap of the letter in its radiant glory. Posted by DaveH at April 26, 2012 8:00 AM