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...
- City Of Peoria Offers $125,000 Non-Apology To Owner Of Twitter Account That Parodied Its Mayor
- Nestle Sues Fit Crunch Over Identical Trade Dress That Isn't Remotely Identical
- NYPD Asks Disney, Marvel To Abuse IP Law To Help Rid Times Square Of Spiderman, Mickey Mouse
- 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'?