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Published by Martin Schwimmer

Coulrophobia

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Text of Decision in LV v My Other Bag – LV Ordered To Find Parody Funny

By Marty Schwimmer on January 8, 2016
Posted in Coulrophobia, Parody/Speech, Uncategorized

my-other-bag-beige-zoey-tote-product-1-16432681-3-104253920-normal

classic-zoey-mono2

hyundai lv basketball

Followers of the legal treatments of parodies of trademarks may want to skip immediately to footnote 4 of the decision.

You see the top two pictures above? One side of the bag says ‘My Other Bag …” and the other side is a depiction of an LV bag. Get it? Ok, that’s fair use. LV’s…

Whether Pork or Unicorns Are The New White Meat

By Marty Schwimmer on June 22, 2010
Posted in Coulrophobia

A new one for the Coulrophobia archives:
ThingGeek: Officially our best-ever cease and desist. Pork Board sells c&d to ‘unicorn meat’ vendor for using the slogan ‘the white meat.’
In ThinkGeek’s press release, it notes that the product was released April1. It has also been reported that unicorns are mythical.

5 Possible Reasons Why Lindsay Lohan Filed That Talking-Baby Lawsuit

By Marty Schwimmer on March 10, 2010
Posted in Coulrophobia

5 Possible Reasons Why Lindsay Lohan Filed That Talking-Baby Lawsuit. I’m going with numbers 1 (she believes she can win); and (4) she gets publicity (note how we’re talking about her). Also add number (6): people will be less likely to use her persona without authorization.

Lindsay Sues eTrade.

By Marty Schwimmer on March 9, 2010
Posted in Coulrophobia

You know who I mean, right? Lindasay Lohan sues eTrade under NY Civil Rights Law Section 51, in Nassau County Supreme Court, NY, for $50 million. Lindsay the milkaholic baby, allegedly refers to her.
Practice pointer: Avoid use of word ‘parody’ when describing defendant’s acts.
The Naked Cowboy case is one of the more…

Spot The Lawsuit In This Commercial

By Marty Schwimmer on March 1, 2010
Posted in Coulrophobia

(‘)(‘) <- me rolling my eyes

Complaint LV Hyundai

TRO Denied re Parody of Prop 8 Group’s Logo

By Marty Schwimmer on January 22, 2010
Posted in Coulrophobia

prop 8 logo.gif
prop_8_trial_tracker.JPG
Anti-prop 8 advocacy group uses parody of pro-Prop 8 advocacy group. TRO of parody denied. Trademark Blog Coulrophobia archive here.
Decsion Protect Marriage Parody

I Can’t Afford To Heart NY

By Marty Schwimmer on November 19, 2008
Posted in Coulrophobia

icantaffordtoloveny.jpg
From here.

Wassup WIth The Wassup Parody

By Marty Schwimmer on October 30, 2008
Posted in Coulrophobia

Turns out that the director of the original Wassup commercial for Bud had retained the rights and had merely licensed the property to Busch, and that’s why he can do a ‘parody’ for Obama. Story here.

Wassup Parody

By Marty Schwimmer on October 25, 2008
Posted in Coulrophobia

Original:

Trademark Infringement Makes Small Children Cry

By Marty Schwimmer on July 23, 2008
Posted in Coulrophobia, False Endorsement

party dora.jpg
. . . or perhaps it was the trademark enforcement.
Wall Street Journal article on trademark owners policing use of character costumers by local party performers: “Why Dora the Explorer Can’t Come To Your Kid’s Birthday Party“:

. . . .Though the walk-about “Dora” had the expected pageboy haircut and backpack, her expression

…

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