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View Diary: Louisiana Threatens To Sue MoveOn Over Billboard (257 comments)

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  •  Better analogy is "I♥︎NY" (0+ / 0-)

    Try using that anywhere, and you'll get a letter:

    "Your unauthorized and confusingly similar use of the I ♥ NY® logo” violates federal trademark law and implies a misleading designation of source, origin, endorsement, sponsorship or approval by the New York State Department of Economic Development of your merchandise.”

    NY has never lost in court, at least when it comes to commercial use of the logo.  The issues here, however, will be similar to the questions that come up in copyright law: fair use, parody, and the heightened protection afforded to political speech.  Combine all of those factors with the absence of any confusion on the part of the public (regarding the source, or endorsement by the state of Louisiana), which takes away most of the state's ammunition, and I think you have a clear win for MoveOn.  Not that it matters: as others have noted, publicity is the game -- and the billboard has been seen online by 1000x the number of people who've driven past it.

    Jindal spending taxpayer money on lawyers, in an attempt to muzzle his critics, is going to make him look like a world-class ass.  Here's hoping he doesn't see it coming.

    (I am an IP lawyer, btw.)

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