Posted on 05/01/2008 6:38:34 AM PDT by cardinal4
PHOENIX — A Tennessee couple who lost their son in Iraq want an Arizona merchant to pay more than $40 billion in damages to survivors of soldiers whose names are on the anti-war shirts he is selling online.
(Excerpt) Read more at artoriuscastus.blogspot.com ...
They’re gonna lose (and the probably should, if for only reason because of their greed: $40 billion? Come on, now.) The guy selling the t-shirts may be reprehensible, but pretty much every newspaper website in the country has a list (and often pictures) of every dead soldier and details of where they’re from and how they died, etc. It’s public information distributed by the DOD with no copyright. The parents argue this guy is using their son’s name for profit, but every newspaper in America is also selling their product for profit (and most are anti-war, too.)
you’re wrong. I can’t type at this time cause I want to stick my fist through my monitor....but I know that this t-shirt person and you are wrong.
What exactly the cause of action? Do relatives own the property rights to the names of the dead?
Right on!
this is for commercial gain...he has no right to use a persons name without lisence unless that person is considered a “public figure”.
This is a simple copywrite issue...”fair use” wont cover this guy...his motive is profit.
Link to statute or court case indicating that he is, in fact, wrong? Because I’m pretty sure he’s right, and I don’t see what your knowning the t-shirt person has to do with it.
Their estates OWN their names...try and use disney on a T shirt without purchasing a license and see long you last.
So like, if I just posted “ANNA NICOLE SMITH” on FR, her estate could sue me?
BTW..I serious doubt they will get much money ..if any...but they can most likey get this guy to not use anynames he doesnt have express permition to use...
Uh..dont be obutse....try and sell hundreds of thousands of t-shirts and advertise all over the internet selling her name on a T-shirt...
You will get slapped silly.
Obtuse even...as in “at a wierd angle”..
Did the Vietnam war memorial get the rights to use the names of everyone on it?
Did the recent Clint Eastwood war movies get permission from relatives of those names used in the movie?
Did the recent John Adams series on HBO get permission from his decendants to do a series about him?
Or how about “Remember 9/11” memorials (even for-sale items like t-shirts) with the names of the dead on them?
SHEESH...I give up...go read up on trademark law or call a lawyer and get back to me.
I know all about it. None of these soldiers names was trademarked. Clearly, from my examples, it cant be the case that you can never use a dead persons name without the family's permission.
Bump
His examples may not be comparable, but this would probably still get a pass on First Amendment grounds because of the largely political nature of the shirts.
http://www.thesmokinggun.com/archive/years/2008/0423083soldier1.html
The concept of the deceased’s estate is the first mention in the lawsuit.
This is not about the money. These families have repeatedly asked Fraser to stop. And it has been made illegal in AZ, a misdemeanor, to use the names of soldiers in this manner...the law in response to many, many complaints from families.
...also
Privacy and Publicity Rights
Thanks... interesting.
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