by Mike Masnick
Mon, Mar 24th 2008 5:55am
Paul Alan Levy writes "In a new decision, a federal judge in Atlanta has rejected a claim by Wal-Mart that parody t-shirts and bumper stickers sold over CafePress.com, using the phrases "walocaust," and "wal-qaeda," violate its trademark. The court ruled that the fact that the parodies are sold on t-shirts does not detract from the non-commercial nature of the expression, which takes them outside the scope of trademark dilution law, and requires a treatment of infringement claims that is sensitive to free speech rights. The court also rejected out of hand Wal-Mart's outrageous claim that has trademark rights in the yellow "smiley-face" that the parodist used in one of his anti-Wal-Mart designs."
If you liked this post, you may also be interested in...
- Man Arrested For Parodying Police Department's Facebook Page Sues City, PD Over Rights Violations
- For The Gander: Bahnhof Sends Copyright Troll Spridningskollen A Trademark Violation Settlement Letter
- Texas Rangers Oppose Bacardi's Logo For Green Tea Spirit Because Of The 'T'
- Historically Dumb Censorship: Wal-Mart's Refusal To Sell Jill Sobule's Album Due To Prozac Pill
- Why Have So Many Companies Settled Over Ridiculous Patent For 'Online Music Distribution'?