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by Crosseye_Jack
2324 days ago
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Not a lawyer, but play one on TV, I mean have one on speed dial (cause he is a buddy, the reason he is on speed dial is cause I wanna know if he wants to go to the bar not cause I need label advice all the time. He half jokingly answers his phone from his friends “this conversation ain’t legal advice, what you want?”). Tl;dr: Yes and no. Under some recent cases it’s been determined that fair use is actually a right under copy right law (and thus should be considered before filing suit, but there is no harm if the filing party honestly believes there wasn’t fair use). Under trademark it’s more a defensive against infringement. If it’s an obvious parody you should be fine (Mad engine “recently” lost a case against using the word “DAD” instead of “S” in the superman symbol as it was deemed not obv that it was a parody of the trademark [0]) but it’s a defense so if I was in such shoes I would be expecting some sort of “trouble” to be coming my way, even ifs it’s just a C&D, followed up with a conversation about it’s just a parody of Amazon.com so see if that would chill amazon’s lawyers down. But I would would be prepared to take it down unless I was prepared to drop the cash needed to defend such a case. But I ain’t a lawyer, I ain’t your lawyer. Call a real trademark lawyer if you want more advice than what a 2 min IM conversation with one relayed via a third party can provide. [0] 5 sec google search on the mad dad superman trade mark points to this opinion piece on the matter https://www.lexology.com/library/detail.aspx?g=cc841a65-f328... (open the link in a private tab if you hit the paywall) |
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