Charles Carreon has raised a tentative white flag, dismissing the case against The Oatmeal’s Matthew Inman, Indiegogo, the charities, and the anonymous Doe defendants. The filing is here.
The dismissal does not preclude Carreon from filing at least some of his claims later, either in Federal or state court somewhere.
It is possible that Carreon has reached a settlement with Inman, Indiegogo, the charities, or some combination of them, as both previous filings and yesterday’s lawsuit filed against Carreon by an anonymous critic revealed that he had made offers to settle with both. [Edit: However, that Carreon dismissed without prejudice — meaning he can still refile the case — instead of dismissing it with prejudice — meaning he can’t refile — suggests to me that this wasn’t based on a mutual settlement.]
Or perhaps he’s seen the light after being sued by Ralph Nader’s Public Citizen yesterday or after the judge indicated he was inclined to dismiss Carreon’s motion for a temporary restraining order.
The action’s not over yet. though Carreon has dismissed the case, the lawsuit seeking a court’s declaration that Charles-Carreon.com does not infringe Carreon’s trademark in his own name continues, at least for the time being. What’s more is that Inman and company can likely still seek to recover their attorneys’ fees by suing Carreon for filing a frivolous lawsuit.
I’ll update when I hear more, but I’m trying to continue studying for the bar, so Ken at Popehat will probably have better details in the meantime.
“Matthew Inman spoke out against Carreon’s threat of a frivolous lawsuit, in a very popular and very public way,” said EFF Senior Staff Attorney Kurt Opsahl. “This was nothing more than a meritless attempt to punish Inman for calling attention to his legal bullying. We called him out on this in our briefs, so it’s no surprise that Carreon was left with no choice but to dismiss.”