CafePress Takes Down T-Shirt Calling Donald Trump A Cheeto-Faced Shitgibbon, Saying It Violates Frito-Lay's Trademark
from the trademark-at-work dept
@realDonaldTrump we never got our country back, we wanted to remain, bolt ya hamster heedit bampot, away and boil yer napper— Rosco (@TheCyberwolf85) June 24, 2016
Scotland voted to stay & plan on a second referendum, you tiny fingered, Cheeto-faced, ferret wearing shitgibbon. https://t.co/iKyEIxf8ej— Hamfisted Bun Vendor (@MetalOllie) June 24, 2016
The use of "Cheeto" infringes on Frito Lays trademark. If would be different if you used "cheese puff" or "cheese-snack"-faced in your design.Yes. Really. Nothing like having CafePress ruining your jokes for you with its bizarre interpretation of trademark law.
You may forward your notice of authorization from Frito Lay, giving you permission to use "Cheeto" or "Cheetos" in connection with the sale of commercial merchandise to us via email....
As we've discussed many times in the past, CafePress is frequently targeted by bogus takedowns concerning political speech and the company doesn't exactly have the best record in dealing with such takedowns. But this seems just blatantly ridiculous on so many levels.
Either way, to argue that this is trademark infringing is crazy. No one is confusing the t-shirt or the image above as coming from Frito-Lay. I don't care how much of a moron in a hurry you might be, there's no consumer confusion here. For CafePress to declare absolutely that the use of Cheeto as an adjective here (not even as a noun!) is infringing on Frito-Lay's trademark is just... wrong. Second, this is pretty clearly protected political speech -- whether or not you agree with it or even think it's funny. Yes, CafePress has a right as a private company to refuse to host any shirts it dislikes, but at the very least it should come out and say that's why it's shutting down the shirt, rather than hiding behind a bogus "trademark" claim from Frito-Lay.