[linux-elitists] *tris?

Rick Moen rick@linuxmafia.com
Mon Jul 10 02:17:17 PDT 2006


I wrote:
 
>    2.  Disparagement
> 
> Under a separate tort theory, if you use someone else's validly
> established mark in such a way as to associate it with immoral or
> illegal behaviour, or such, i.e., dragging it through the mud, you're
> considered to have reduced its value wrongfully.  Commerce is _not_ a
> necessary part of this tort, by contrast.  E.g., if you make a movie
> where Mickey Mouse has anal sex, Disney's lawyers would argue
> disparagement, even if you never made a dime from the flick.  The
> "parody defence" (which is against _copyright_ infringement, by the way)
                    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> won't protect you.

Actually, I belatedly remembered that there actually _is_ a parody
defence against trademark infringement -- see
http://www.chillingeffects.org/protest/faq.cgi#QID542 .  But the point
is that you're still in trouble if you've provably committed trademark
_disparagement_.




More information about the linux-elitists mailing list