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0 pointsantiterra3y ago0 comments

I don’t think you can so easily state it’s not parodying Ikea and there’s an argument for fair-use without that, However, at least in the US (this is maybe in the UK?) arguing fair-use for a trademark can cost a lot of money and is a bit fraught.

Also re the ‘our hands are tied, we must protect our mark’ claims, it’s always an option to license the use.

https://www.kirkland.com/publications/article/2020/11/tradem...

0 comments

klodolph3y ago

I just don’t see a fair use angle making it very far here. Obviously the “true” test is to actually argue it in court and get a ruling—but it’s fair game to kibitz and make declarations of how you think a case would get resolved, were it to go to court.

antiterraOP3y ago

Yes, it’s all bench racing but caselaw provides some small manner of clairvoyance.

I think it really depends on jurisdiction. If it was adjudicated somewhere with the Roger’s test, I think it would have a very decent chance. For example, take Seuss v Comicmix, in which Comicmix didn’t sufficiently meet the bar for parody on copyright grounds but cleared trademark fair use.

https://www.lexology.com/library/detail.aspx?g=ebdcd5aa-17b1...

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GauntletWizard3y ago

I was really hoping that your link was going to tell me that Costco will license me their house brand to use in parody.

antiterraOP3y ago

hah, we used to volunteer at pax together

j / k navigate · click thread line to collapse

0 pointsantiterra3y ago0 comments

Also re the ‘our hands are tied, we must protect our mark’ claims, it’s always an option to license the use.

https://www.kirkland.com/publications/article/2020/11/tradem...

0 comments

klodolph3y ago

antiterraOP3y ago

Yes, it’s all bench racing but caselaw provides some small manner of clairvoyance.

https://www.lexology.com/library/detail.aspx?g=ebdcd5aa-17b1...

1 more reply

GauntletWizard3y ago

I was really hoping that your link was going to tell me that Costco will license me their house brand to use in parody.

antiterraOP3y ago

hah, we used to volunteer at pax together

j / k navigate · click thread line to collapse