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From:
Jon Drukman
To:
Cc:
,
Date:
Thu, 7 Apr 94 13:48:13 PDT
Subject:
Re: Copyright/trademark issues
Msg-Id:
<9404072048.AA23331@dlsun87.us.oracle.com>
In-Reply-To:
<9404071121.aa05371@delta1.UUCP>
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quoted 2 lines So what was the deal with Negativland's "U2" album?>So what was the deal with Negativland's "U2" album? >Why did they lose the case or get shafted in the settlement, Jon?
Negativland settled with Island to avoid a long costly court case that they probably wouldn't win. Even if they did win, the attorney fees would have bankrupted them. Anyway, the issue with Negativland was the cover art, which had "U2" in huge letters. Island was concerned (ahem) that people wouldn't be able to figure out that it wasn't a real U2 album and since U2 had a real album coming out they didn't want people accidentally buying the Negativland thing by mistake. Anyway, in this case, both items were music CDs. Remember, we were talking about naming your record after something that isn't already a record.
quoted 2 lines However, this particular case may have fallen under the "competing product>However, this particular case may have fallen under the "competing product >issue.
i think so. i have to say that while i'm bummed about what happened to negativland, i DO think they could have concocted a less provocative cover...
quoted 2 lines So what exactly can the KLF/Jimmy/Bill do about "Wanda Dee and the>So what exactly can the KLF/Jimmy/Bill do about "Wanda Dee and the >KLF" roaming about? Is a trademark a trademark a trademark....
Well, she does call it The KLF Experience, which might be enough alteration to get her out of the false advertising claim. I think she's counting on jimmy&bill just not wanting to deal with the hassle of going to court. I think it's unlikely that either side would just settle. This one would probably have to go to trial. Of course, I'm not a lawyer and I don't even play one on TV, so I'm just making random guesses here.
quoted 3 lines ObIDM: Keep an eye out for my new single "Coca-Cola" w/ "McDonald's&qu>ObIDM: Keep an eye out for my new single "Coca-Cola" w/ "McDonald's" on >the flip side. Sure, I won't get a nasty letter from some lame lawyer-type >on retainer trying to justify his fee......
There was a sushi place in my neighborhood that wanted to call itself McSushi but was asked to Cease & Desist by McDonalds. They didn't fight it and are now called We Be Sushi. But again, this is a "competing products" thing (both are restaurants... well, I guess technically the stuff that McDonalds sells is "food"...) I have to admit that the System 7 thing still puzzles me but I suppose if Apple threatened me with a lawsuit I'd just cave in too. They have an awful lot of money and a lot of lawyers who'd be eager to bleed me dry in court... Jon Drukman jdrukman%dlsun87@oracle.com ------------------------------------------------------------------------------- This calls for a very special blend of psychology and extreme violence.