Comments on: SOCAN letter to p2pnet

By: Reader's Write

Reader's Write — Sun, 18 Jul 2004 22:16:43 +0000

After doing some Googleing i came across a case of a trademark holder trying to close down a dissenting website’s parody – by claiming to own the actual letter combination of it’s name. In other words, making the claim that it’s own name could not be uttered. (maybe similar to the “G_d” substitution of “God” in Hebrew texts?)

…so much for my plans to create a website under the name socansux.com.

http://www.adlusa.com/adl/perjury1.htm

By: Reader's Write

Reader's Write — Sun, 18 Jul 2004 20:36:14 +0000

I was referring to Canadian law. If you make a parody of a trademark registered in Canada, you can still be charged with an offense in Canada under Canadian law, which isn’t as protective of the rights of parody as US case law is.

By: Reader's Write

Reader's Write — Sun, 18 Jul 2004 19:11:32 +0000

Apart from an introductory “It has been brought to our attention …” and a concluding “We look forward to receiving your written confirmation that you are complying with the above request,” etc, the quotes in the story are the letter. (My reply was the story ; )

p2pnet may not be Harvard Lampoon or Mad Mag. However, before the Net, The Foot stomped ants with impunity. These days us ants can stomp back and many antish stomps a serious pain can make, as Yoda would say.

SOCAN and all the other entertainment industry feet should remember that.

Cheers!

By: Reader's Write

Reader's Write — Sun, 18 Jul 2004 10:18:06 +0000

There is a long history of court cases ruling that parodies of trademarks/copyrights are fair use, not infringement. The US Supreme Court ruled a decade ago that 2 Live Crew’s parody of “Pretty Woman” was fair use. Jordache Jeans lost in it’s attempt to crush a parody of it’s trademark logo.

But the bad news is that since there is no specific fair-use exemption for parody in copyright or trademark law, this might need to be decided on a case-by-case basis. But unless you have the deep pockets of Harvard Lampoon or Mad Magazine, your best option usually is, unfortunately, to capitulate if threatened by a trademark holder without a sense of humor.

Although trademark holders are obligated to go after any unauthorized duplication of their logo – or risk losing their trademark – it’s quite possible that SOCAN would let a parody slide by.

Jon, would it be possible to post a scan of the C&D letter, or would that constitute trademark infringement – as their logo is sure to be on the letterhead?

By: Reader's Write

Reader's Write — Sun, 18 Jul 2004 07:57:19 +0000

Yep. Well, let’s see what happens next, if anything.

I had some fun with this but joking aside, I’m really disgusted that an organization such as SOCAN would resort to such pettiness.

I wonder how much its members (in effect) had to fork out for legal advice, research, consultation on the wording, etc.

Cheers!

By: Reader's Write

Reader's Write — Sun, 18 Jul 2004 06:51:05 +0000

First, I am not a lawyer. This is not meant to be legal advice, merely a statement of my opinion.

In the Canadian Trade-mark act (http://laws.justice.gc.ca/en/t-13/105826.html):

“20. (1) The right of the owner of a registered trade-mark to its exclusive use shall be deemed to be infringed by a person not entitled to its use under this Act who sells, distributes or advertises wares or services in association with a confusing trade-mark or trade-name, but no registration of a trade-mark prevents a person from making

(a) any bona fide use of his personal name as a trade-name, or

(b) any bona fide use, other than as a trade-mark,

(i) of the geographical name of his place of business, or

(ii) of any accurate description of the character or quality of his wares or services,

in such a manner as is not likely to have the effect of depreciating the value of the goodwill attaching to the trade-mark.”

So your use was probably infringing. I would stay away from a “parody” of their mark, as there doesn’t seem to be an exception in the Trade-mark act for parody, nor an example in case-law that I can find to deal with the use of trademarks in parody.

By: Reader's Write

Reader's Write — Sun, 18 Jul 2004 05:58:32 +0000

animated gif
http://www.unitethecows.com/images/topics/shit.gif

By: Reader's Write

Reader's Write — Sat, 17 Jul 2004 19:49:27 +0000

Unbelievable! It makes me proud to be a Canadian, he says as he picks himself up off the floor p2pnet shold now organize a SOCAN logo contest. But wait! You’d probaby get a C&D for that too! hahahaha

By: Reader's Write

Reader's Write — Sat, 17 Jul 2004 10:31:45 +0000

How about a nice pile of steamy Crap!!!!!!!!

By: Reader's Write

Reader's Write — Sat, 17 Jul 2004 08:04:59 +0000

What whining losers. Might as well replace the name with Suck-An. They’re gonna get rolled on by P2P anyway. It’s a fundamental market and social force that can’t be stopped. Cya fools.

By: Reader's Write

Reader's Write — Sat, 17 Jul 2004 02:13:23 +0000

lol covered in some “other bodily substance.” i like it and that about sums it up !!!! : )

By: Reader's Write

Reader's Write — Sat, 17 Jul 2004 01:42:00 +0000

A number of dissident sites have found a way to fight back when pressured to remove the logo of the entity they are protesting. They redraw a modified version of it as a parody piece – perhaps some kind of butchered image or text covered in blood (or other bodily substance) or some kind of caricature. Let’s see now … what can that SOCAN image be morphed into?

By: Reader's Write

Reader's Write — Sat, 17 Jul 2004 01:31:31 +0000

Are they serious? wot a gas !

Morgan

By: Reader's Write

Reader's Write — Sat, 17 Jul 2004 01:13:24 +0000

lol