by Mike Masnick
Fri, Oct 10th 2008 11:23am
It's amazing that companies still don't recognize when it's probably best to shackle up the lawyers. A guy in New York who drove around Manhattan with a 25-foot-long fake missile with "Viva Viagra" painted on its side, has been sued by Pfizer, the maker of the drug Viagra for trademark infringement. It's questionable how Pfizer convinced a judge that this is use "in commerce," but apparently it worked as a judge has barred him from driving around with the missile any more. The bigger question, though, is why bother. All this lawsuit has done is draw a lot more attention to this guy and his faux missile. Pfizer's claim that people might be confused into thinking this is an advertisement for Viagra, and that could harm its brand, seems like a long shot at best, but apparently it convinced the judge. Oh, and in case you were wondering (we know you were) why this guy was driving around with the rocket, we'll let him explain: "Once in a while you want to have fun, and that's what it's all about: fun." Don't worry, though, he may end up being back with some other faux rockets, as apparently he's got a few more, including the "Obama-Oh Mama" and the "Viva McCain," which recently got him detained for a few hours by the Secret Service when he drove them around Washington DC.
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