Re: trade mark parody (Re: PIMB T-shirts)

[Alex Page]

On Tue, Jan 16, 2001 at 01:43:00PM +, Robin Houston wrote:

> Don't we have someone here who *is* a lawyer? :-)

More to the point, don't we have someone who could drop a mail to one of the happy 
bunnies at O'Rielly and ask them nicely not to sue us?

Alex

trade mark parody (Re: PIMB T-shirts)

[Robin Houston]

On Tue, Jan 16, 2001 at 08:09:55AM -0500, Alex Page wrote:
> IANAL, but AFAIK parody is protected under trademark law, as long as
> you're not making profit (I presume beer money for the hassle of
> T-shirt making is excusable).

IANAL either, but I think it's quite complicated.

"More interestingly the Court held that in trade mark law,
 there is no "parody" defence to an infringement action."

 (from http://www.bristows.com/news/news_items/elvis.html)

Other cases seem to contradict that view though. Also relevant
is http://www.murdoch.edu.au/elaw/issues/v5n1/blake51.html#infringet
paragraph 48:

"derogotary use", involving the "suggestion of an unwholesome, or
 unsavoury association" seems to qualify as infringement in the US.


Don't we have someone here who *is* a lawyer? :-)

.robin.