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To: Dont Mention the War
Very well thought-out, intelligent reply. I originally thought that perhaps the trademark ripoff would be protected since Agitproperties was not pretending that the trademark was their own, but as you pointed out, Cliffs Notes v. Bantam Doubleday seems to take care of that objection by ruling that even parodies cannot enjoy protection if they are being distributed for profit.

One wonders about the extent to which the general liberal tendencies of judges will influence their judgments in a case such as this. My experience is that most judges swim in a culture of elites whose approval they seek and value, thus tempting them to impose their personal preferences on the public at large. It ought to be interesting to see how this one turns out. Keep us posted.

5 posted on 06/27/2003 11:06:27 PM PDT by Carthago delenda est (Carthage must be destroyed. Hillary must be stopped.)
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To: Carthago delenda est
Thanks, Carthago! If I ever hear more about this case (you know how the media loves to cover the story on page A1 in the beginning when it makes the right look bad, then buries the resolution to the story on the bottom of page C14 if it ends up showing that the left was wrong), I will post it here.
11 posted on 06/27/2003 11:25:29 PM PDT by Dont Mention the War
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