Re: Get\'em Greg!
[ QUOTE ]
Are you sure about this?
[/ QUOTE ]
I'm as sure as you can ever reasonably be about litigated matters.
[ QUOTE ]
they would not win if he could successfully argue that his use of the logo is in parody
[/ QUOTE ]
Well, with the term successful in there, of course you are right. However, I do not see his t-shirts as intended to parody Burger King, which is the key element of the parody exception to trademark infringement. His intent certainly appears to be to sell a product which people want to wear because they consider themselves into poker, not because they want to wear it to mock Burger King.
Of course, a stupid jury might buy into any theory, but I don't like this guy's chances in front of any even barely reasonable jury.
Later, Greg Raymer (FossilMan)
|