We Are All -zilla's Now. Stavros the Wonderchicken has rechristened his site emptybottlezilla.org, rewriting all the supporting copy in a lawyer-baiting frenzy. Remember how the King of the Danes (or was it the Dutch?) had himself televised wearing the yellow star the day the Nazis (forgive me mnemonic) rolled them out? When they came for the -zillas I said nothing, for I was not Radio Free Blogistanzilla.... [Radio Free Blogistan]
I am not a lawyer... but I ddon't know that any of these chuckleheads are, either. The way trademark protection works, you need to actively police the usage of your marks. This is in contrast to copyright where protection extends from the moment of creation without any particular action on the part of the creator. You (or your legal representative) HAS to send out these letters and has to be able to prove that the letters are sent to ever get any protection for the mark in the future. However, the action taken beyond the letter is permitted to be proportional to the encroachment on the mark.
The letter is not necessarily an indication that there will ever be any further action or even communication with "Davezilla". Most likely the letter is not about Davezilla at all, but about filing away a stack of papers to haul out for some future eventuality. That's the way trademarks work.
For a more informed opinion than mine (not hard!):
Zeldman's Got the Wrong Guys. Jeffrey Zeldman Presents: The Daily Report "Attorneys. Can’t shoot ’em, can’t beat ’em with a tire iron and dump the... [statonBlog]
To answer the question in the first quote: you're thinking of "Danes" but the answer is neither, since the event never actually took place.
12:54:21 AM  Categories: Pushing rectangles... LiveJournal
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