I can’t make it to court today to defend myself against the ‘Speedo Corporation’….
- Firstly, I’m not out to all my friends and some of my family.
Does anyone else think it sucks that an ‘in the closet’ guy can’t defend himself because if he does, he is forced to come ‘out’ to the entire world? - Secondly, I can’t afford representation. I’ve never employed the services of a lawyer, I’m not sure what they cost but I’m pretty sure it is more than I can afford. Apart from my business I don’t own anything, I do own a $1,000 car – perhaps I should have sold it and paid for representation?
Hopefully the judge will notice that my blog is ‘free’? - Thirdly, I believe I am right in my argument that ‘speedo’ is a generic term (google ‘speedo style’ and tell me what you find).
- And finally, I haven’t stolen anything from the ‘Speedo Corporation’, if anything, I love their product and I have endorsed their brand for years.
I titled this post ‘Kangaroo Court’ because I don’t have a fair chance to represent myself or my argument. I’m not blaming anyone except my own circumstance.
I’m sure that the ‘Speedo Corporation’ (an Australian invention and icon now owned by an overseas conglomerate) are defending just another one of the brand names they’ve purchased over the years. I hope and trust there isn’t any anti-homosexual/bisexual bias in thier decision to ‘sue’ me. I also believe that the judge who will hear this case later today will be fair and the law will prevail regardless of the Speedo Corporations unlimited resources and my lack of opportunity to present my side.
I have been bowled over by the support I have received over the last week – thanks guys and keep your fingers crossed for me.
14 Comments
Hungspeedoboi
How did it go? Any news on the result?
Boyd
I understand why you didn’t want to take on the fight but I strongly urge you to still get free legal advice. This is not going away so easily. I’m sorry but this is going to be one of your life’s defining moments. Fortunately you have the gumption and dignity to survice this – so go out there and deal with it buddy.
Anonymous
Not sure about your courts but I think here in the States, and I am not an attorney, but your failure to show would allow Speedo to win by default. Hopefully NOT but I wouldn’t be too hopeful.
You are betwixt “a rock and a hard place” and unfortunately the hard place isn’t the kind you would enjoy. 🙁
Torontonian
In Canada, failure to appear would result in
a Bench Warrant for your immediate arrest and
incarceration.
I don’t think you can not appear because
you’re not out to some people or for any
other reason.
Dave Evans
Hey guys,
Thanks for your comments.
First off, it is a civil proceeding, therefore I am not ordered to attend (if it was a criminal matter that would be different and a warrant would be issued for my arrest if I didn’t attend).
Secondly, I’m not sure an Australian Court can impose its ruling. “Dave Evans” is being sued, that isn’t my full name, they don’t know my address, the websites aren’t registered in my name and the websites aren’t hosted in Australia.
I am interested to see how this proceeds, but honestly, I’m too concerned.
Dave
Mikeyboi86
This is sad, I can’t believe they would target an everyday aussie like this. If you’re interested you should do a bit of research into the Deckers lawsuit involving Ugg boots. Deckers Corp won law suits in the US so that no one else could sell Ugg Boots under the name “Ugg” however when they tried to sue a small Australian operation producing Ugg boots for over 50 years (this small operation claimed that they bought the rights from the original ‘inventor’ back in the 30’s) Deckers lost the lawsuit which involved the supreme court in ACT. This meant that in AUS and NZ the term ‘Ugg’ was considered generic and therefore no claim to trademark could be made. There was a documentary made over it, it was really inspiring. Watching it may may lift your spirits a lot and you might just find yourself willing to fight to the death over this. The fact that they are claiming that you have tarnished their name may be seen as homophobic by the courts, this would work in your favour a lot. I believe in you.
Dr. Phil
As others have suggested, I’d totally recommend you take advantage of some of the free legal advice that is available. It may even be possible for someone to appear on your behalf in this matter. Now that the whole thing has been delayed by a month, it would really be worth looking into, at very least. It’s entirely possible that your doing so could be a huge win for everyone, and it could make things that much more successful for you in the long run. It would be worth thinking about very seriously, in any case…
Anonymous
Expect a Sea of Speedos.If you re a male and want to fit in on Crimea beaches you d do best to invest in a Speedo. Dont worry if you don t have a six-pack or if you ve never been to the gym there are no age or weight restrictions on Speedo-wearing in Crimea.
Randy
You were wondering what court representation by a lawyer costs, and at least here in the States, you start with a low of around $200/hour, with $300-$400/hour being more like it for a really good one, and the sky being the limit for exceptional talent – fees can run well in excess of $1000/hour. Of course, the lawyer doesn’t just show up on the day of court – there is research to do, motions to file, etc. – a lot of preparatory work. Very expensive stuff. Unless you could find a reason to counter-sue and come up with a case that could make a lot of money, to where a lawyer would take the case on contingency, it would be tough to manage this out of pocket.
Mark
You are entitled to a public defender, so basically, they will assign an attorney to you. There may be serious issues that could come up with not showing up for court, or at least giving them a call if you have some transportation or work issue. Since you are not showing up, you have very little chance of winning while if you did and had a public defender the chances would be much better. Of course you should not be expected to fork over any money at all for your defence, they have to pay your defence, i would not pay for it in your situation. If you are about to be sued, you sure do have a right to it.
Mark
I did just read you are not required there to show up, so you say, for this hearing. Australia may be different than the US which is what I am more familier with, the right to a public defender may be weaker there (it is constitutional in the US).
Mark
I was reading that even here there is no chance of a Public defender for a civil case. There may be free legal services available, however, from a private attorney.I really cant say if not showing up will make things better or worse. If civil courts can enforce fines or other punishments, not having a right to a public defender can suck big time. It is indeed in that case, I believe to be an illegitimate court system that violates peoples rights.
Mark
I would really recommend calling a legal hotline or such, there may be free legal services available in your instance. Also, if they dont know who you are, I am not sure how they managed to find you to serve you a summons. If they dont serve you a summons, how can they expect you to show up? I believe that they are required to serve the summons before things can move on, and then if you fail to appear, it may be automatically ruled against you.
Lyndon Evans
A posting at the progressive website FireDogLake about your plight.
Good luck.
http://my.firedoglake.com/lyndonevans/2011/09/27/when-does-a-brand-become-generic