RE: MATTEL TOYS - RAW POWER SILENCES A BIT OF HUMOR

From: Cumbow, Robert-SEA <CUMBR[_at_]perkinscoie.com>
Date: Mon, 27 Oct 97 15:41:00 PST

Tim Logan <tjl[_at_]webwarei.com> wrote:
>
> Case law on the issue of parody versus tradenames is clear. Mr Brown
> has every right to use the name ("BARBIE") in support of his humorous site.

Without taking sides on the Mattel issue, I have to disagree with Tim's confidence in the case law.

Trademark parody case law is intensely fact-specific, and the intermingling of first amendment, likelihood of confusion, and dilution/tarnishment analyses has led to markedly divergent results.

Bob Cumbow
<cumbr[_at_]perkinscoie.com> Received on Mon Oct 27 1997 - 23:42:04 GMT

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