MarketWatch reports this story about an opinonated gent who’s suing Wal-Mart for a declaratory judgment:
Smith said he was making a point by comparing the giant retail company to the Nazis by creating T-shirt designs that played off the Bentonville, Ark., firm’s familiar logo, including “I (heart) WAL*OCAUST. They have family values and their alcohol, tobacco and firearms are 20% off,” the newspaper reported.
Wal-Mart launched a legal battle by writing a cease-and-desist demand that led Smith to file suit Monday in federal court in Atlanta. Former presidential hopeful Ralph Nader’s legal aid group, Public Citizen, is helping Smith, the report said.
Smith should be ashamed of himself for comparing a damned variety store to the Third Reich. It demonstrates a real lack of moral judgment on his part.
But the stupid party here is Wal-Mart, which should get its clock cleaned and which has given a platform for publicity to a bitter, if morally blind, adversary. Whether it will in this trademark-owners-take-all environnment is, however, anyone’s guess.
UPDATE: Hm. Maybe Wal-Mart had it coming?
UPDATE: The Pierce IP News Blog has it that Wal-Mart will claim its trademark is being besmirched by Smith. In other words, its claim will probably hinge on a trademark dilution count. You know, dilution — the infringement that never has to say “I’m confused.”
4 Replies to “Wal-Mart pushed back on dubious trademark threats”
Hey, none of these links are working and as best as I can tell, this exact same issue was litigated about 6 years ago by Wal Mart in Georgia.
You’re right, Elise. This post is from 2006, as it says below the byline.
Glad I wrote the comment before I checked the byline!
I’m glad for any comments!
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