Parody or Infringement
Posted on February 14th, 2006 by catalyst into the Uncategorized, Lawsuits & Logo's categoryHere is an interesting link that was sent to me by a friend of the blog.
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)
Let me know if someone accidentally tithes to our site instead of City Bible’s.
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February 14th, 2006 at 3:18 pm
Has anyone noticed how the Gen Misery site (http://www.genministries.com/staff.asp) has everyone’s favorite Starbucks? I’m not sure which is more offensive, the blatant copyright issues regarding the use of Starbucks and AOLIM branding on their site (I believe there’s an applicable scripture here about sticks, logs, and eyeballs), or that they think that telling us about their current addictions is somehow relevent. What do they want: accountibility for Starbucks Anonymous, or are they hinting that someone needs to buy them coffee?
In the spirit of healing offenses, perhaps we could take up an offering Business Chruch style. I suggest we buy the staff a round. That’ll be the closest I’ll ever get to tithing.
(oh, for the record my favorite beverage is Bridgeport IPA)
February 14th, 2006 at 4:50 pm
This is an imposter WWJD fyi, I thought it would be funny since there is so mucn of that going on. esp from the origional wwjd, but he did not think it was funny, he thought everyone would take this serioulsley and think poorley of him so he wanted me to post this comment letting eveyone know that this WWJD is not Gabe
February 14th, 2006 at 5:12 pm
Whaaat? OK.
Learn to read. I’m the one and only WWDJ. Sesame Street taught (those of us allowed to watch TV as kids) us that the letters D and J are not the same.
This post is brought to you by the letters
D…..
And
J
February 14th, 2006 at 6:56 pm
Sesame Street taught me more about how to be a real person than CBC…Here, CBC is a song for you…
Come and tithe,
Everything’s A-Okay,
On Our Way
To Where The Money Is,
Can you tell me how to get…
How to get to CBC?