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Dear Wonderlic: Don't Pick A Fight With The Internet

On Wednesday, SB Nation published a feature by Jon Bois called The NFL Combine's New Wonderlic Test, Designed To Measure Grown-Ass Adulthood. As the title suggests -- and the ensuing article confirms -- it was a work of parody, something that Wonderlic's legal team ignored with their claim of intellectual property infringement. Here's the crux of the nastygram sent by their lawyer, David W. Arnold (the "W" is for Willis, awesomely enough).

In reviewing the article, it is obvious that a reasonable reader my [sic] conclude that this test is a Wonderlic product, which obviously is not the case.

Star-divide

So if Bois' test is "obviously" not a Wonderlic product, then a reasonable reader certainly wouldn't confuse it for one. ("Case dismissed!" -- Every simpleton who never even took Introduction to Logic in college.)

Listen, we at SB Nation respect intellectual property, and that's why Bois has appended his post with a clarification stating that his test -- which included a "Dishwasher-safe Shrek 3 cup you got from Taco Bell" as a possible answer -- is not an actual Wonderlic product.

But there's something troubling about this habit of companies siccing their lawyers at the Internet any time a small-time comedian creates something original and funny and, yes, parodical. Parody has time and again been protected by U.S. courts at all levels, even if (and especially when) the parody is crude. Notable examples include Carol Burnett losing her suit against the TV show Family Guy, Campbell v. Acuff-Rose Music, Walt Disney Productions v. Air Pirates, and of course Hustler Magazine v. Falwell.

I'm familiar with these cases because last fall, NFL wide receiver Bernard Berrian and his PR and legal teams tried to bully me into removing a satirical post I wrote for the NFL humor blog Kissing Suzy Kolber. The result after I hired a lawyer? The post still exists online, Berrian is no longer on an NFL team, and his PR rep now has a private twitter account. Don't step to the Internet, y'all.

But we at SB Nation wish to avoid that kind of ugliness at all costs. That's why I've developed some ideas for new Wonderlic tests that I'm offering to the company free of charge. Yes, COMPLETELY FREE! It's not the best business move on my part, but I hope that this humble offering can heal the wounds caused by our rogue satirists.

Fake-wonderlic1_medium Fake-wonderlic2_medium

Fake-wonderlic3_medium Fake-wonderlic4_medium

We're EVER so sorry, Wonderlic! If you should take objection to this post as well, I will happily continue to write about it in a public forum. No such thing as bad publicity, right?

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Comments

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These guys are jerks.

I am withdrawing from the draft until the NFL switches to a different aptitude test.

Go, fight, and win.

by Alex O on Feb 23, 2012 2:38 PM EST reply actions   3 recs

Fabulous!

Perfect response in every way (coming from a former, but still-licensed lawyer who now writes for SBNation).

Contributor, Baseball Nation & FanGraphs
Twitter: @hangingsliders

by Wendy Thurm on Feb 23, 2012 2:38 PM EST reply actions  

/slow clap

Billy Hayes: His job is better than yours.
@productiveouts | Productive Outs

by delorean on Feb 23, 2012 2:54 PM EST reply actions  

Don't forget the Dishwasher-unsafe Shrek 3 cup you got from Taco Bell!

Proud parent of SD-born Shane Loux.
If Cain is with us, who can be against us? - atxgiantsfan

by jhiat00 on Feb 23, 2012 3:16 PM EST reply actions  

Wonderlic should be grateful

This is the first time I’ve even heard of that company. Free advertising

by Llamaman on Feb 23, 2012 3:22 PM EST reply actions  

Google "Chewy Vuitton"

You’ll find a case where a dog-toy maker successfully defended itself against Louis Vuitton in a trademark infringement suit. The defense? Parody. I would argue the parody in this case is even stronger. Wonderlic’s attorney would “obviously” argue the opposing view, but, hey, that’s his job. In fact his terrible response (both gramatically and logically) probably is less an indication of his skills and more an indication of the level of attention his client’s bitchiness deserved. I’m sure he eyerolled after he read the “infringing” article, the pounded out a C&D on his smart phone, then billed for an hour and a letter.

Looking forward to the revelation of Jordan Jefferson's Wonderlich "score"

by Slum C on Feb 23, 2012 3:41 PM EST reply actions  

Wow

Just clicked the link associated with his name. Wonderlic is his employer. In that case, no excuse for his shitty letter. He either is an employment lawyer or does nothing but contracts and is in over his head concerning IP cases.

Looking forward to the revelation of Jordan Jefferson's Wonderlich "score"

by Slum C on Feb 23, 2012 4:07 PM EST up reply actions  

if only there was some sort of aptitude test...

So the Wonderlic company doesn’t make lawyers take the Wonderlic test prior to hiring them? Either they do and it’s a shitty product which let this guy slip through, or they didn’t because they have no faith in their product.

"Fundamentals are a crutch for the talentless." - Kenny Powers

by BrazilYinzer on Feb 23, 2012 5:56 PM EST reply actions  

I think they failed your test...

which begs the question: How hard must the Bar really be in Illinois if these guys are licensed?

by GeorgiaGator on Feb 23, 2012 6:36 PM EST reply actions  

.aaaaaaaaaaaaaand owned!

Proud Colts fan boycotting StampedeBlue.com since 7/17/2010

by MrNFL on Feb 23, 2012 9:17 PM EST reply actions  

it is obvious that a reasonable reader my [sic] conclude that this test is a Wonderlic product, which obviously is not the case.

So its obvious that it can be reasonably considered a Wonderlic product even though it obviously isn’t….that’s some good lawyering there.

Too bad there hasn't always been a DH...then we never would have to hear about this Ruth guy...

by Brad Spontak on Feb 24, 2012 4:27 PM EST reply actions  

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