Who's Got the Numbers?
4 hours ago
Friday, May 1, 2009
WE'RE STILL WAITING
We are still waiting for a response from the USOC regarding our proposal of a different phrase. They responded immediately to other emails and visited this site numerous times over the past few days. But, now that we've discontinued the use of...CHIxxxx xxxx..., (we've even afraid to say it), they don't respond. Maybe they're waiting until we offer new shirts with that new phrase so they can hit us with their big hammer again. Or could it be that they are reconsidering their initial objection after being contacted by the newspapers. The newspapers contacted us, after they spoke with the USOC, wanting our side.
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3 comments:
Question: When is parody protected from a charge of trademark infringement?
Answer: Parody is a usage of a mark that pokes fun at the mark and does not confuse the public as to the source of the usage. In determining whether there is infringement the court balances the public interest in free expression against the public interest in avoiding consumer confusion. "A parody must convey two simultaneous--and contradictory messages; that it is the original, but also that it is not the original and is instead a parody. To the extent that it does only the former but not the latter, it is not only a poor parody but also vulnerable under trademark law, since the consumer will be confused." From Cliffs Notes, Inc. v. Bantam Doubleday Dell Publishing Group, 886 F. 2d 490 (2d Cir. 1989)
fair use
The Chalkie shirts are a clear parody. No one is going to confuse the Chalkie shirts with official merchandise of the Olympics, meaning that the case would not stand up in court. Plenty of lawyers are assholes who have nothing better to do than abuse people who don't understand their rights. :(
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