The Rise of the Conservative Non-Trademark Use

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3 Responses

  1. Timon says:

    Would this maybe overlap with the “look and feel” copyright cases of the late 80’s early 90’s? The Lotus case got it basically right — and of course Aspen may “object to the use of its trade dress in this manner”, but it should do so on a blog, not in court.

  2. Larry Sheldon says:

    “Does or should Aspen have any right to object…”


    Hell, yes. Do they have a right to collect–not so clear.

    Near as I can see, watching some of the spam suites, there is nothing so trivial, nor so far fetched that somebody can’t object.

    And have a reasonable expectation of collecting.

  3. greglas says:

    No, I don’t think so. I can’t see the LOC and seems like fair use under the TDRA. But note that this is an unconsidered guess, not a legal opinion. :-)

    Cf. this. Which, btw, was a final exam question in my TM class.