March 25, 2006
March 13, 2006
Mind The Gap Netween Commercial and Non-Commercial
IPKat discusses this.
February 14, 2006
WSJ ON Parody and Coulrophobia
February 06, 2006
Parody Gone Wild; Milk Gone Bad
PETA created a parody of the GIRLS GONE WILD video style to make a statement about milk. Girls dancing in bars raise their t-shirts to display udders. ABC refused to show it (as an aside, it's interesting that PETA was prepared to spend $2.2 million).
The banned MILK GONE WILD commercial is available here. It's work-safe, depednign on where you work.
This a great fact pattern, made greater by the fact that PETA is selling MILK GONE WILD merchandise (including the Cafe Press specialty, the thong).
Here's an over-simplistic Cat Not In The Hat analysis: PETA borrows Girl Gone Wild's style of expression to comment on a third party, the Milk Industry.
Here's a quick 'Priceless' analysis: PETA's commercial comments on the 'Girl Gone Wild' 'mind-set' in addition to commenting on the Milk Industry.
Bonus issue: note the AIM running guy with udders used on the mikgonewild.com website.
Bonus bonus issue: Is the GIRLS GONE WILD mark famous and eligible for dilution protection?
January 16, 2006
If You Are A Canadian IP Attorney . . .
. . . we would be happy to hear your views on the agreement described in this NY Times article, that bars use of footage from political debates on parody shows.
December 16, 2005
Jones Day Lawyer Target Of Spoof Site, Wins Injunction
November 29, 2005
Coulrophobia In International Affairs
Kazakhstan, taking the bait, has protested comedian Sacha Baron Cohen's portrayal of Borat, a fictitious Kazakh.
November 08, 2005
Panexa: Ask Your Doctor For A Reason To Take It
You can't make this stuff up. A variant of the parody defense is the argument that the target of the parody doesn't exist. More on a demand letter sent to a fictitious company here.