NY Daily News Artcile

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Posted By: warshawlaw

Case Number: GC034663. One cause of action: intentional interference with prospective advantage.

What appears to be the core of the claim [my comments in brackets]:

"Since that Spring 2004 purchase, defendant Plancich has launched what amounts to a smear campaign to discredit the authenticity of the Bat and certain sports memorabilia appraised." {paragraph 5) [So H&B can release press release after press release touting the qualities of their bat and pimping their museum but when someone says "boo" in response as to their claims as to the authenticity of the bat, he is acting improperly. Seems fair...not].

"Plancich, despite H&B's requests to cease and desist, including an acknowledged letter from Hillerich & Bradsby's local law firm; has continyed to discredit the bat and threatens to "see that this historically significant piece of lumber never sees the light of day, as far as the public is concerned." He is intentionally seeking to disrupt the relationship between H&B, the authenticator, and the public who will see the displayed Bat." (paragraph 8) [Who is this mysterious authenticator, the Lone Authenticator? Why doesn't H & B name him/her? "Relationship" is a really interesting word, too; wonder why H & B chose to use it? I would like to know more about this "relationship" that H & B has with the Lone Authenticator--wouldn't you? How cozy is it? How long have they been seeing each other? Does it include favoritism and kickbacks? How much of the material in H & B's museum has been blessed by the "authenticator" in question and what did he/she get in return? And just how does a communication directed to H & B ever reach the "public" unless they release it to the public? And who are the public? Am I part of the public in question? Are you?]

"Plancich has advised H&B on June 14, 2004 that he was speaking with an FBI agent regarding what Plancich's communication characterizes as "corrupt practices, fraudulent activities and manufacture of fake memorabilia in what Plancich refers to as FBI oeprations Operation Bullpen and Operation Foul Ball." (paragraph 11) [This one goes right over the top. These a-holes are suing Robert for making a report, an absolutely privileged act]

The complaint seeks unspecified damages and an injunction "preventing defendant ... from harassing, discrediting, communicating with and causing irreparable harm to the reputation of Hillderich & Bradsby Co.'s property, threatening its museum guests, and harassing its employees." [Now, I don't know how things operate in Kentucky, but here in California we believe in free speech and right to petition the government for redress of grievances. If I read this correctly, H & B wants to stop Plancich from speaking to anyone about anything relating to H & B; I can't really tell of course because WHO they want to stop Plancich from "communicating with" isn't really listed. I suppose since they brought it up, it would include the FBI, the Lone Authenticator, the press and anyone else in the world.]

One of the most interesting things about patent lawsuits is that one means of defending an infringement claim is to invalidate the patent. For that reason, many potential patent plaintiffs do not bring cases--they do not want their patents put on trial. H & B is assuming an awful lot of risk here--I would not only go after the authenticity of the bat, I would go after everything the Lone Authenticator has ever done as part of that "relationship" with H & B, since everything that is part of that "relationship" has to be weighed and analyzed to determine whether it was damaged by the defendant's actions. I'm guessing that maybe H & B and the Lone Authenticator might not like having their "relationship" aired in court, especially if it results in the whole history of the bat and the Lone Authenticator's "relationship" with H & B being brought out of the shadows and into a sworn record.

In my humble opinion, this suit is unconscionable and shameful and H & B should be taken to school over it. I only hope Robert has the resources and the starch to send these shameless curs back to Kentucky with their tails tucked between their legs and hefty bite out of their wallets in the form of attorneys' fees paid to him when the case is dismissed.