Trademarks: Famous is as famous does
My latest paper offers a simple idea to get trademark owners to stop suing parodists, satirists, and other expressive users: make evidence of such independent referential uses of a mark a condition for proving the mark famous.https://t.co/coHQ8X7oOO— Mark Lemley (@marklemley) September 5, 2018
The sneaky genius of such an approach is that:
1) Perhaps a statistically insignificant number of marks are actually famous, but
2) they all think they are
which could actually lead to self-policing policing of #trademarks
#carrots #notsticks https://t.co/iA8gQQQr44— Trademarks Are Magic (@TimberlakeLaw) September 5, 2018
Great idea, endorsed by two of my favorite trademark brains.