PUBLIC.RESOURCE.ORG ~ A Nonprofit Corporation
Public Works for a Better Government
March 31, 2016
Mr. Michael Zuckerman

Harvard Law Review Association

Gannett House

1511 Massachusetts Avenue

Cambridge, MA 02138
Dear Michael:
I have heard from members of the Harvard Law School faculty that your colleagues
are still quite upset that we have not changed the title of Baby Blue’s Manual of Legal
Citation to something that does not contain the word “Blue.”
You and I have discussed this several times. Professor Sprigman and I believe
strongly that there is absolutely zero chance of confusion, dilution, or any other harm
that trademark aims to prevent in our use of the title Baby Blue. Nobody would
mistake the work we’ve created with The Bluebook. This is not a trademark issue.
Nevertheless, Professor Sprigman and I, as we have repeatedly told you and your
paid outside counsel, have absolutely no interest in litigation on this issue. We will
defend ourselves in court if necessary, but we feel this would be a waste of your time
and would quickly become a stain on the reputation of the Harvard Law Review. That
you would not drop the threat of litigation in our prior conversations has baffled me,
and the current renewed threats are very disturbing.
Even though your legal threats are baseless and, frankly, amount to little more than an
attempt to bully into submission lawful competition, Professor Sprigman and I have
decided to change the name, taking into account your preferences. In particular, you
demanded that the word “Blue” not be present in the title or the subtitle. The Indigo
Book is now on our web site. I trust this will put an end to this.
As I stated in my Harvard Law Record essay, it is time for you to put away these
unseemly threats of litigation. We have gone to great lengths to accommodate a large
number of your requests, including the groundless demands centered around the
word “Blue.” I hope we can all now begin to focus on more important work.
With best regards,

Carl Malamud
cc:

carl@media.org

Professor Christopher Jon Sprigman, New York University

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