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Killer sofa, tarnished Xbox?

By Rebecca Tushnet

Thanks to an eagle-eyed student, I present here an ad showing a classic couch potato: generic chips, generic soda, non-generic Xbox. Tarnishment? (Under state law, because there?s no use as a mark for the defendant?s own goods and services here, even aside from nominative fair use.) Maybe the use is justified because it?s simply too hard to mock up a recognizable ?generic? gaming system, given that there may be no such thing.

Full post as published by 43(B)log on October 10, 2008 (boomark / email).