...consider that organizations can lose their trademarks if they don't actively defend them against even vague and doubtful potential infringements. If they let this case slip without issuing a token C&D, it could be cited later by an actual competitor as grounds for permitting their own infringement.
That's not to say that the law isn't stupid, but the proper target for complaints about the stupidity of the law is your local congresscritter, not the lawyers who are just dealing with the laws as they are
/////.not the lawyers who are just dealing with the laws as they are.
Pardon me, but this is clearly parody. The lawyers ALREADY HAVE LAWS TO TELL THEM TO RESPECT PARODY. They chose to ignore them.
Not only is this a parody, its not even a real product, and the phrase is not the same phrase as "the other white meat."
Playing up the "We're just following the law, ma'am and are powerless to think for ourselves" card is a unconvincing excuse. that empowers organizations like SCO.
Except that " the other white meat(tm)" is a trademarked phrase not a copyrighted phrase so I don't think that parody is a defense, additionally Trademarks are protect it or lose it, so the lawyers really had no choice no matter how ridiculous the infringement was.
You can't take parody into account with trademarks. It's a touchy subject and you have to send out the C&D even if it is parody for no other than if you don't, then someone else can say, "In this example, they let it slide, therefore they failed to defend their trademark."
By sending the C&D the council covers their ass for the next attempt to infringe on the trademark.
It's a touchy subject and you have to send out the C&D even if it is parody for no other than if you don't, then someone else can say, "In this example, they let it slide, therefore they failed to defend their trademark."
NO. There is no requirement to be an asshole about a trademark. The phrase is 'defend the trademark' not 'be an asshole sending out hollow legal threats without thinking about it.' If they feel they must do something, they can simply say "we happen to have a similar trademark, we ch
Before having a knee-jerk anti-lawyer moment... (Score:5, Informative)
...consider that organizations can lose their trademarks if they don't actively defend them against even vague and doubtful potential infringements. If they let this case slip without issuing a token C&D, it could be cited later by an actual competitor as grounds for permitting their own infringement.
That's not to say that the law isn't stupid, but the proper target for complaints about the stupidity of the law is your local congresscritter, not the lawyers who are just dealing with the laws as they are
Re: (Score:5, Insightful)
/////.not the lawyers who are just dealing with the laws as they are.
Pardon me, but this is clearly parody. The lawyers ALREADY HAVE LAWS TO TELL THEM TO RESPECT PARODY. They chose to ignore them.
Not only is this a parody, its not even a real product, and the phrase is not the same phrase as "the other white meat."
Playing up the "We're just following the law, ma'am and are powerless to think for ourselves" card is a unconvincing excuse. that empowers organizations like SCO.
Lastly, pork is far from the 'oth
Re: (Score:3, Insightful)
Except that " the other white meat(tm)" is a trademarked phrase not a copyrighted phrase so I don't think that parody is a defense, additionally Trademarks are protect it or lose it, so the lawyers really had no choice no matter how ridiculous the infringement was.
Re:Before having a knee-jerk anti-lawyer moment... (Score:2)
You can't take parody into account with trademarks. It's a touchy subject and you have to send out the C&D even if it is parody for no other than if you don't, then someone else can say, "In this example, they let it slide, therefore they failed to defend their trademark."
By sending the C&D the council covers their ass for the next attempt to infringe on the trademark.
Re: (Score:2)
NO. There is no requirement to be an asshole about a trademark. The phrase is 'defend the trademark' not 'be an asshole sending out hollow legal threats without thinking about it.' If they feel they must do something, they can simply say "we happen to have a similar trademark, we ch
Re: (Score:3, Funny)
Contrary to some popular opinions, The Pork Board is not nearly as humorous entity as some are made to believe it is.
Re: (Score:1)
Thanks.