I wouldn't be so sure. Jack Daniels sued (and won) against a maker of dog toys that looked like Jack Daniels but were named "Bad Spaniels". Turns out trademark law actually is complex.
Jack Daniels won because the maker of the dog toys were selling them, and wanted a trademark themselves.
Here we're talking about activists making non-commercial parody usage; the EFF's letter already mentions the Lanham Act, and let us add to that the Trademark Dilution Revision Act of 2006 (https://en.wikipedia.org/wiki/Trademark_Dilution_Revision_Ac...) which adds an express fair-use defense for noncommercial use.
Jack Daniels won because the maker of the dog toys were selling them, and wanted a trademark themselves.
Here we're talking about activists making non-commercial parody usage; the EFF's letter already mentions the Lanham Act, and let us add to that the Trademark Dilution Revision Act of 2006 (https://en.wikipedia.org/wiki/Trademark_Dilution_Revision_Ac...) which adds an express fair-use defense for noncommercial use.