> Further, there’s at least the possibility on the part of the developer to claim that such usage is a “parody,” with parody and satire protected at the highest levels of American law through the application of First Amendment freedom of speech rights. However, courts will often require actual commentary to be made in order to extend such protections. In that way, a store name like “I CAN’T A” (or something far more clever) has a greater chance of succeeding than simply using a play on the word “store” in Scandinavian.
Trademark is about preventing someone's brand for being confused for another. Unless someone was confusing this for being an official IKEA product I'm not sure why it would be in the ballpark of trademark.
There is also trade dress of course but that isn't really related.
No, tradmarks can be parodied too. It's a first amendment protection, and extremely common in movies, TV and video games.
If the developer worked with a lawyer they could've gotten any suit by IKEA (this wasn't a suit yet, just a cease and desist letter) quickly dismissed.
This is an often repeated statement online (like “fiduciary duty”) that way over emphasizes the risk. Parody media poses absolutely no risk to their trademark, not even a tiny bit of incremental “damage.”
Companies don’t need to be bulliest the vast majority of the time they act like one. We need to stop parroting this excuse for them.
IANAL but I heard the creators of Robot Chicken (an animation show that parodies many big franchises) that they have to be very careful to make sure they can claim what they do is parody. As I understood, and to my best recollection, they cannot just use e.g., Batman in an original funny context… they need to actually comment on Batman (existing storylines, characters, tropes, cliches, mythology) in their sketch.
That said, we know that some IP lawyers will just send a Cease & Desist because it costs them nothing, it’s more defensible, and they don’t risk any penalties.
A bit of a tangent to Weird Al, who often is said to not need the permission of the original artist because his songs are parodies, usually isn't commenting on the actual content of the original song but instead takes the lyrics and gives them a different theme. 'Smells like Nirvana' is one of the few songs he does that actually does directly parody the original. His videos are far more parody than the songs themselves. Makes me wonder where the legal line actually is drawn and if asking permission is actually because it would be too risky not to.
That's mentioned in the article:
> Further, there’s at least the possibility on the part of the developer to claim that such usage is a “parody,” with parody and satire protected at the highest levels of American law through the application of First Amendment freedom of speech rights. However, courts will often require actual commentary to be made in order to extend such protections. In that way, a store name like “I CAN’T A” (or something far more clever) has a greater chance of succeeding than simply using a play on the word “store” in Scandinavian.
see https://en.wikipedia.org/wiki/Dumb_Starbucks
According to the article, Starbucks chose not to sue in that case.
Trademarks are lost when they are not defended. That is entirely separate from fair use in copyright law.
This explains why Apple has sued The Onion a dozen or so times for all the parodies that infringed on trademarks belonging to the corporation.
https://theonion.com/apple-introduces-revolutionary-new-lapt...
https://theonion.com/new-ipad-offers-3-months-of-something-c...
Trademark is about preventing someone's brand for being confused for another. Unless someone was confusing this for being an official IKEA product I'm not sure why it would be in the ballpark of trademark.
There is also trade dress of course but that isn't really related.
No, tradmarks can be parodied too. It's a first amendment protection, and extremely common in movies, TV and video games.
If the developer worked with a lawyer they could've gotten any suit by IKEA (this wasn't a suit yet, just a cease and desist letter) quickly dismissed.
> It's a first amendment protection
FWIW: Ziggy, the developer, is based in the UK.
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This is an often repeated statement online (like “fiduciary duty”) that way over emphasizes the risk. Parody media poses absolutely no risk to their trademark, not even a tiny bit of incremental “damage.”
Companies don’t need to be bulliest the vast majority of the time they act like one. We need to stop parroting this excuse for them.
IANAL but I heard the creators of Robot Chicken (an animation show that parodies many big franchises) that they have to be very careful to make sure they can claim what they do is parody. As I understood, and to my best recollection, they cannot just use e.g., Batman in an original funny context… they need to actually comment on Batman (existing storylines, characters, tropes, cliches, mythology) in their sketch. That said, we know that some IP lawyers will just send a Cease & Desist because it costs them nothing, it’s more defensible, and they don’t risk any penalties.
A bit of a tangent to Weird Al, who often is said to not need the permission of the original artist because his songs are parodies, usually isn't commenting on the actual content of the original song but instead takes the lyrics and gives them a different theme. 'Smells like Nirvana' is one of the few songs he does that actually does directly parody the original. His videos are far more parody than the songs themselves. Makes me wonder where the legal line actually is drawn and if asking permission is actually because it would be too risky not to.
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Always been curious - what are some examples of trademarks being lost due to not being defended?
There's lots and lots of them. Have you ridden an escalator® lately?
https://en.wikipedia.org/wiki/List_of_generic_and_genericize...
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Just waiting for The Coca Cola company to sue Bethesda for having Nuka Cola.
Why? There are a lot of colas around the world.
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They’ll probably want to go after Jones Soda first. :eyeroll:
https://www.amazon.com/Jones-Soda-Fallout-Nuka-Cola-Flavored...