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F*cked Company Cease-And-Desisted

Posted by jamie on from the unlikely-confusion dept.

cecil36 writes "Visitors to F*cked Company (FC) were greeted with a cease and desist letter from Idealab!. Apparently, Idealab! is suing FC over the use of the logos of the companies that they own. FC is countering with fair use, stating that these companies have a bad financial record, and FC is making humor out of their situation." Whatever. Wake me when this one is over. Oh, and a caution to sensitive readers: click any nearby links and you will be forced to read the most foul of the foul words (you can't tell what I'm talking about, can you?, because I have cleverly inserted an asterisk to disguise the actual word).

7 of 129 comments (clear)

  1. Fair Use by jekk · · Score: 4
    I think that this is a wonderful example of Fair Use. The Fair Use exception was built into copyright law EXPLICITLY to permit people to criticize, and/or make light of things in situations where the owner of the copyright might object.

    Unfortunately, IANAL, but as far as I know there IS NO exception for "fair use" built into TRADEMARK law. Which is what this is. So f*ckedcompany should create a parody of the logo, and use that. This IS protected by fair use.

    -- Michael Chermside

    1. Re:Fair Use by interiot · · Score: 4
      Yeah, infringement happens for commerce only. See 15 U.S.C. Sec 1114:
      • Any person who shall, without the consent of the registrant -

      • (a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or
        (b) reproduce, counterfeit, copy, or colorably imitate a registered mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive,
        shall be liable in a civil action by the registrant for the remedies hereinafter provided.

      --
    2. Re:Fair Use by RalphSlate · · Score: 4

      My impression (IANAL) is that trademark law comes into play for *commerce only*.

      You couldn't get into trademark trouble for showing the idealab! logo and saying "This is the idealab! logo -- they are a screwed up company". You are not trying to pass yourself off as them. You are not trying to steal their business by using their logo. You are not trying to make it look like they endorse you. That's the end of the tradmark area.

      As for copyright, you can apply fair use to their argument that you're violating their copyright.

      Ralph

  2. Re:Is F*ckedcompany getting ready to list itself? by jekk · · Score: 4
    Actually, smiling at people on the street is subject to a cease and desist letter under US law. In fact, ANYTHING is subject to a cease and desist letter... it's just a letter! The letter has no legal significance EXCEPT for one small thing: after having received such a letter, the recipient cannot claim "I didn't know about it" as a defense. So they're used only in cases of IP infringement, where "I didn't know about it" is sometimes a valid defense. If you think that you have a RIGHT to use the image/text/soundbite/idea/whatever, then you can go ahead and use it despite having received the letter... however, if you consult a lawyer, then the odds are VERY good that they will advise you to play it safe and stop "infringing". But the letter itself has NO legal significance.

    Also worth noting is the fact that "fair use" does not apply to trademark law (as far as I know, IANAL).

    -- Michael Chermside

  3. Fr** Spe*ch by Voltage_Gate · · Score: 5

    I am t*red of my r*ghts being trampled. Seems all oru p*liticians are trying to c*nsor the web. I can't say "f*cked". Wh*t's n*xt? Soon any w*rds, th*ughts, expr*ss*ons are g*ing to b* c**sored because my *deas don't happen to agree with people like J** Lib**mann and T*pper G*re. I'm going to do the only thing I can in a d*m*cracy. I'm v*ting for the candidate ***** *. *****. I hope that by joining the *********** party, I will be doing something to preserve **** speach. Thank ***.

  4. This is what all the fuss has been caused by... by Midnight+Ryder · · Score: 5

    This is the URL for the parody FuckedCompany.Com did:

    FuckedLab.gif

    It's a parody, which is protected by US Constitution (and it's a right that has been defended successfully in the Supreme Court). For the parody to REALLY be funny, look at Idea Lab's site Pretty much a perfect parody, design wise! Best part - eToys is in the dead center of the pile, on both IdeaLabs and FuckedCompany's version!

    --

    Davis Ray Sickmon, Jr - looking for something to read? Check out my three free novels at MidnightRyder.org

  5. Note to idealab! by pallex · · Score: 5

    1) Do you think this sort of action:

    a) Evokes a favorable disposition towards your company in the eyes of people who`ve never heard of it before?
    b) Makes you look like a clueless bunch of tossers?

    2) As a result of this action, do you think your company will perform:

    a) Better than before?
    b) Worse than before?
    c) Wont make any difference, but will make you look like a clueless bunch of tossers?

    3) Do you understand the concept of satire, and recognize that it is specifically protected, even under current U.S. law?

    a) Yes
    b) No
    c) Dont know, we`re just a clueless bunch of tossers.