Comments on: The Rise of the Conservative Non-Trademark Use http://www.concurringopinions.com/archives/2008/05/the_rise_of_the.html The Law, the Universe, and Everything Sun, 22 Nov 2009 04:22:46 -0700 http://wordpress.org/?v=2.8.3 hourly 1 By: greglas http://www.concurringopinions.com/archives/2008/05/the_rise_of_the.html/comment-page-1#comment-49094 greglas Mon, 26 May 2008 02:59:47 +0000 http://www.solove.org/archives/2008/05/the-rise-of-the-conservative-non-trademark-use.html#comment-49094 No, I don't think so. I can't see the LOC and seems like fair use under the TDRA. But note that this is an unconsidered guess, not a legal opinion. :-) Cf. <a href="http://www.usatoday.com/money/advertising/2005-12-19-hershey-book_x.htm" rel="nofollow">this</a>. Which, btw, was a final exam question in my TM class. No, I don’t think so. I can’t see the LOC and seems like fair use under the TDRA. But note that this is an unconsidered guess, not a legal opinion. :-)

Cf. this. Which, btw, was a final exam question in my TM class.

]]> By: Larry Sheldon http://www.concurringopinions.com/archives/2008/05/the_rise_of_the.html/comment-page-1#comment-49093 Larry Sheldon Sun, 25 May 2008 04:00:40 +0000 http://www.solove.org/archives/2008/05/the-rise-of-the-conservative-non-trademark-use.html#comment-49093 "Does or should Aspen have any right to object..." IANAL Hell, yes. Do they have a right to collect--not so clear. Near as I can see, watching some of the spam suites, there is nothing so trivial, nor so far fetched that somebody can't object. And have a reasonable expectation of collecting. “Does or should Aspen have any right to object…”

IANAL

Hell, yes. Do they have a right to collect–not so clear.

Near as I can see, watching some of the spam suites, there is nothing so trivial, nor so far fetched that somebody can’t object.

And have a reasonable expectation of collecting.

]]> By: Timon http://www.concurringopinions.com/archives/2008/05/the_rise_of_the.html/comment-page-1#comment-49092 Timon Sat, 24 May 2008 23:51:44 +0000 http://www.solove.org/archives/2008/05/the-rise-of-the-conservative-non-trademark-use.html#comment-49092 Would this maybe overlap with the "look and feel" copyright cases of the late 80's early 90's? The <a>Lotus case</a> got it basically right -- and of course Aspen may "object to the use of its trade dress in this manner", but it should do so on a blog, not in court. Would this maybe overlap with the “look and feel” copyright cases of the late 80’s early 90’s? The Lotus case got it basically right — and of course Aspen may “object to the use of its trade dress in this manner”, but it should do so on a blog, not in court.

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