19
Aug/04

Dot Org Does Real's Dirty Work to iPod


Interesting depiction of the iPod by FREEDOMOFMUSICCHOICE.ORG, which acknowledges that it is sponsored by Real Networks, a competitor of Apple and iTunes.

Assuming that the depiction of the iPod functioned as a trademark, is this fact pattern reminiscent of that of Deere v. MTD, where a competitor was taken to task (under pre-FTDA NY State Unfair Competition law) for an unflattering rendering of a competitor’s logo?  If there’s no confusion, should you be allowed to visually trash your competitor?  Should there be a distinction (as there appears to be in Deere), between trashing your competitor’s product and trashing it’s logo?)

Can you trash your competitor by paying a ‘dot org’ to do it?

Here’s something I blogged previously on trashing the depiction of a product.

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