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.