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View Diary: Louisiana Threatens To Sue MoveOn Over Billboard (257 comments)

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  •  Using the state's words to criticize the state (0+ / 0-)

    IS fair use.

    •  Depends on the circumstances. (0+ / 0-)

      In this case, the state of LA's tourism agency has trademarked the line MoveOn parodied. Political advertising is not immune to claims of ownership from other parties, and is not understood to be the same as free speech. There are rules.  

      If used in an editorial, or at a protest, or on a political stage to make a point, this is generally considered fair use. But if it's two organizations pitted against each other, in this case two non profit organizations but both under the umbrella of advertising, the one w/the trademark will have a decent case.

      Not saying the state of LA would or will win if they took this to court. Like all litigations, depends on the judge and the lawyers.  Am saying this is not a cut and dried no risk territory for MoveOn under the banner of free speech, nor are they immune from trademark litigation because they were "criticizing."

      "A typical vice of American politics is the avoidance of saying anything real on real issues." Theodore Roosevelt.

      by StellaRay on Sat Mar 08, 2014 at 10:39:19 AM PST

      [ Parent ]

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