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The Courts Your Rights Online

Activists May Use Their Targets' Trademarks 203

Posted by CmdrTaco
from the small-mercies dept.
lee1 writes "Sometimes political activists use a company's trademark as part of a campaign to embarrass it or call attention to an issue. And sometimes the company sues, claiming that they own the mark and its satirical use is prohibited. Now a Utah court has ruled that such suits must fail because the parodic use of the mark is not commercial and is a form of protected speech."
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Activists May Use Their Targets' Trademarks

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  • Re:Fair use (Score:4, Interesting)

    by PRMan (959735) on Tuesday May 10, 2011 @06:01PM (#36087992)
    No, parody is. Satire would be Wayne Gretzky using a picture of Mickey Mouse to say that the New Jersey Devils are a "mickey-mouse" organization. Parody would be a comedy show using the New Jersey Devils logo in a comedy piece on the matter. Actually, they could probably get away with a picture of Mickey Mouse at that point as well.
  • Yep I live in a dry county and I'd say they are a perfect example of how sin laws NEVER work and a free market will simply route around them like with a black market.

    I know in my "dry" county there is at least two bootleggers in every neighborhood and most don't give a crap if you're 16 as long as you've got cash, and the cops don't say squat either as they don't want to drive 60 miles round trip just to get a 6 pack after work and they know they can get it at cost from the bootlegger (instead of the 40% markup) as long as they don't go busting the bootlegger, so we end up with MORE alcohol than if they would have simply made the county wet, and of course worse underage drinking since bootleggers don't card. Sadly since the chief source of money in this county is the local Xian college good luck ever getting it repealed.

    As for TFA frankly I don't care where the hell that judge is from, it is DAMNED NICE to see a judge showing some common sense and standing up for something as important to this country as free speech. Bravo sir, and even if the Kock bros (spelling intentional) manage to bribe someone on appeals you should at least be commended for standing up for what is right. As for whether that PETA satire should have been busted, absolutely not. We should ALWAYS support free speech, period. Same as even though I don't believe or support his opinions I believe the one that wrote that "pro pedo" book should NOT have been busted for putting his thoughts on paper.

    For as my grandfather taught me when I asked if he was mad at those Illinois Nazis for wanting to march after he had a wall dropped on him by Nazis in the closing days of WWII "No we should support their right to speak, even when what they say is hateful or evil, as it is what made this country great. There nobody was allowed to speak out against those brownshirts, but here we can counter protest and debate and speak our minds. That is what freedom is all about." He taught me that freedom is NEVER "free to agree with me only" and that to have a healthy society one had to tolerate ALL free speech and open debate, lest we end up as close minded and locked down as they were. Smart man my grandfather and I'm sure he would approve of this ruling whole heartedly.

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