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Monthly Archives: August 2011
Baseball fans and New York Yankee haters may enjoy this trademark infringement battle going on between the Yankees and a couple selling anti-Yankees memorabilia. Yankee haters often refer to the team as the “Evil Empire,” referring to its large payroll and ability to outbid other teams when acquiring baseball players. The Yankees are claiming that the Evil Empire phrase both infringes on the team’s own trademarks and negatively affects the team. The couple’s merchandise features common New York Yankee logos with added details like a cartoon devil or a pitchfork to enhance the “evilness” of the regular logos. While the Yankees possess valid trademarks on their regular logos, the couple’s versions may be enough of a satire of the regular trademark to avoid being guilty of trademark infringement. Another issue is whether the Yankees should be able to complain about the phrase Evil Empire itself. The phrase has its roots…
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Waffle House restaurants provide waffles, other breakfast items and an array of merchandise and mugs, but the chain is not known for putting out Waffle House-themed rap music. Should it be able to prevent the use of its name in rap music then? That is the battle going on between the chain and rapper J.R. Bricks. Bricks released a song called “Waffle House,” prompting the restaurant to send him a cease and desist letter alleging trademark infringement. The restaurant owns trademarks pertaining to the items mentioned above, but nothing regarding music. The restaurant, Bricks says, just does not want to be associated with rap music. When a creative product like rap music puts a new spin on a product or trademark, trademark law generally protects the new work. Parodies and criticisms are legitimate forms of expression for which artists and authors will not be guilty of trademark infringement in many…
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An infamous lawsuit from actress Lindsay Lohan last year is one celebrity publicity rights case that critics often point to when claiming that celebrity rights have gone too far. The lawsuit pitted Lohan against E*Trade over a TV commercial that aired during last year’s Super Bowl. Despite her name, picture or voice not appearing in the commercial at all, Lohan claimed that it capitalized on her image. The ad is one in E*Trade’s series featuring talking babies. A baby boy and baby girl are talking via video chat, and the girl asks whether “that milkaholic Lindsay” was over. Another baby girl appears at the end of the ad and says “milk-a-what?” Lohan made two arguments in her lawsuit. First, she claimed that she was first name famous, like Madonna or Cher. Merely mentioning the first name “Lindsay” is immediately associated with Lindsay Lohan, she said. Second, Lohan claimed that the…
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