Re: Trademark dilution

On Wed, March 11, 1998, Robert J. Honan <robertus[_at_]harbornet.com> wrote:
>
> Mark Lemley <mlemley[_at_]mail.law.utexas.edu> wrote:
> >
> > Thus, I couldn't sell Exxon Pizza, despite the fact that no one in
> > their right mind would think Exxon had gotten into the pizza business.
>
> But if the pizza were sufficiently oily couldn't I call it The Exxon
> Pizza, and call it satire?

There are three statutory exceptions in the federal dilution statute, (a) for "fair use" in connection with comparative advertising or promotion, (b) for noncommercial uses, and (c) news reporting and news commentary. Does anyone know where that leaves "satire" in the context of a paid-for (i.e. commercial) medium or performance? Does this come down to the First Amendment, or have there been any cases construing the statutory language so as to avoid the constitutional issue?

Ron Abramson
<abramson[_at_]hugheshubbard.com> Received on Wed Mar 11 1998 - 16:54:56 GMT