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To: Mojave
I think it goes beyond parody. Similar title, same font, similar photo, and same release date. Reminds me of a case involving aftermarket ignition controllers:

Feds Grant Injunction

MSD Ignition has obtained a permanent Federal Injunction against Procomp Electronics, Inc., who had manufactured an ignition that was confusingly similar in appearance to MSD's 6AL Ignition Control. With aftermarket infringement increasing, MSD executives took the matter to the courts. The end result is a permanent injunction, meaning that, "Procomp, including its parent company, subsidiaries, divisions, affiliated, successors and assigns, and any person acting in concert with them are immediately prohibited from manufacturing, selling, distributing, marketing or offering any ignition or similar product that utilizes a design identical to or otherwise confusingly similar to" the design of MSD's labels or the design of the distinctive housing of MSD's ignition controls, including MSD's 6AL Ignition Control.

Here's the original MSD 6AL:

http://www.precisionraceengines.com/media/catalog/product/cache/1/image/5e06319eda06f020e43594a9c230972d/m/s/msd-6420.jpg

Here's the knock off Pro Comp PC6AL:

http://www.fordmuscle.com/archives/2006/02/EditorsCorner/images/procomp6Al.jpg

49 posted on 10/21/2009 7:10:52 PM PDT by OA5599
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To: OA5599

That’s an example of a trade dress lawsuit. “Confusingly similar.” Very familiar phrase. I became familiar due to my employer being sued by a competitor, for allegedly making a “confusingly similar” product. I designed the packaging. The product was pulled from all shelves due to an injunction, as well as all marketing materials pulled from circulation. We had tractor-trailer loads of FSI’s (free standing inserts such as found in the Sunday newspaper). My employer eventually won. But, the product was effectively killed off, which was of course the objective of the competitor.


50 posted on 10/21/2009 7:22:12 PM PDT by RegulatorCountry
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To: OA5599
I think it goes beyond parody. Similar title, same font, similar photo, and same release date.

I don't see a legal issue there, unless the font is proprietary one owned by Sarah Palin's publisher.

51 posted on 10/21/2009 7:39:19 PM PDT by Mojave (Don't blame me. I voted for McClintock.)
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