Originally posted 2006-07-21 11:52:31. Republished by Blog Post Promoter
A judge in the U.S. District of Arizona issued, earlier this week, an injunction against “any comments that could be construed as to disparage [a trademark].” Thankfullly, as Euguene Volokh reports, the Ninth Circuit has stayed the order.
Unbelievable? Not in the slightest. Why not? Trademarks have feelings, too. Now that they’re all but enforceable in gross (a trademark law term roughly meaning without necessarily being associated with a good or service, which is traditionally what they had to be to be trademarks or to be infringed), they should be protected from pain, as well as unsightly dinks and dents. They’re very sensitive, you know. And very high maintenance.