logo

Against Monopoly

defending the right to innovate

Monopoly corrupts. Absolute monopoly corrupts absolutely.





Copyright Notice: We don't think much of copyright, so you can do what you want with the content on this blog. Of course we are hungry for publicity, so we would be pleased if you avoided plagiarism and gave us credit for what we have written. We encourage you not to impose copyright restrictions on your "derivative" works, but we won't try to stop you. For the legally or statist minded, you can consider yourself subject to a Creative Commons Attribution License.


back

Hallmark Greeting Cards Fights For Our Free Speech Rights

The 9th Circuit Court of Appeals made a most unfortunate ruling that trademark law and California's 'right of publicity' law "allows a celebrity to sue a greeting card company for using her image and catchphrase in a birthday card without her permission."

Read the original travesty here.

Fortunately, Hallmark greeting cards is not taking it lying down.

They have asked the entire 9th Circuit to re-hear the case en banc.

Read their compelling petition for rehearing here.

Sample quote:

The Opinion holds that a right of publicity claim asserted by an iconic celebrity, stemming from an expressive work that "spoofs" that celebrity and her oft-repeated catchphrase, is not transformative or otherwise protected by the First Amendment. In his well-known dissent from denial of en banc review in White v. Samsung, the Chief Judge of this Court expressed grave concern about courts giving celebrities a "right to keep people from mocking them or their work." White, 975 F.2d at 1516. The Opinion does exactly that, in direct conflict with numerous decisions by this Court and others, and to the detriment of the fundamental right of free speech.

[Hat-tip: CourthouseNews.com]


Comments


Submit Comment

Blog Post

Name:

Email (optional):

Your Humanity:

Prove you are human by retyping the anti-spam code.
For example if the code is unodosthreefour,
type 1234 in the textbox below.

Anti-spam Code
UnoZeroZeroEight:


Post



   
Find online and local Economics Lessons
Economics Lessons | Add your site

Most Recent Comments

Rights Violations Aren't the Only Bads I hear that nonsense from pro-IP people all the

Intellectual Property Fosters Corporate Concentration Yeah, I see the discouragement of working on a patented device all the time. Great examples

Music without copyright Hundreds of businessmen are looking for premium quality article distribution services that can be

Les patent trolls ne sont pas toujours des officines

Les patent trolls ne sont pas toujours des officines

Patent Lawyers Who Don't Toe the Line Should Be Punished! Moreover "the single most destructive force to innovation is patents". We'd like to unite with you

Bonfire of the Missalettes!

Does the decline in total factor productivity explain the drop in innovation? So, if our patent system was "broken," TFP of durable goods should have dropped. Conversely, since

Does the decline in total factor productivity explain the drop in innovation? I wondered about TFP, because I had heard that TFP was increasing. Apparently, it depends on who

Music without copyright I do agree with all the ideas you have presented in your post. They are very convincing and will

Music without copyright It's strange, that sometimes the most simple suggestions are often the most useful! I will take the

Patents on 3D Printing Challenged by Prior Art To Loup Vaillant: "So, you think we wouldn't have had those 9 technologies without patents? I can

Patents on 3D Printing Challenged by Prior Art @anonymous: So, you think we wouldn't have had those 9 technologies without patents? I can accept

Patents on 3D Printing Challenged by Prior Art The fact is that in the last 20-25 years the technologies of rapid prototyping (today known as

Public Knowledge announces a Patent Reform Project No patents should be allowed on ANY software. And no patents on Business Methods. If the have to

Patents on 3D Printing Challenged by Prior Art The fact is that in the last 20-25 years the technologies of rapid prototyping (today known as

Music without copyright Overall an end user friendly site, several great points! It is a well crafted article, I'm going

How the Most Successful Patent Troll Does It It appears that the "troll" phenomenon is concentrated on software, which is to be expected since

Patents on 3D Printing Challenged by Prior Art Steve: Something that is nearly 30 years old is "novel"? How do you figure

Another Big Patent Troll Assessed I suspect that Carl Shapiro deserves some credit in this. While not as skeptical about patents as I