Intellectual Property Law

Wal-Queda Defeats Wal-Mart

By Tim Armstrong, Derek Bambauer, and William McGeveran.

A new decision from a federal district court in Atlanta illustrates perfectly what I have been saying is right and wrong with trademark fair use doctrine.

The case involves Charles Smith, a rather offbeat critic who created two portmanteaus to describe the megalithic retailer Wal-Mart somewhat, um, unfavorably: WAL-OCAUST and WAL-QUEDA. He set up web sites and also sold t-shirts and other novelty items at CafePress bearing slogans using the terms — and imitating the store’s blue font — such as “WAL-OCAUST: Come for the LOW prices/Stay for the KNIFE fights.” (If you are thinking “huh?” please remember that parody need not be the most incisive form of art.)

The good news first:

Full post as published by Info/Law on April 01, 2008 (boomark / email).