Re: Aphorisms and Copyright

From: Bob Stock <bstock[_at_]ucla.edu>
Date: Fri, 21 Aug 1998 18:26:18 -0700

On 8/20/98, Robert Cumbow <cumbr[_at_]perkinscoie.com> wrote:
>
> I haven't reread the decision lately, but as I recall, the court found
> that the phrase YOU MIGHT BE A REDNECK IF ... had become a service mark
> of Foxworthy and defendant's unauthorized use of that phrase alone was
> sufficient to support an injunction, quite apart from any copyright
> issues.

True, but the court also found that plaintiff showed a likelihood of success on the merits of its copyright claim. I'm not questioning the logic of the trademark analysis (I didn't pay much attention to it, actually), just the merits of the copyright action.

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Bob Stock <bstock[_at_]ucla.edu>
UCLA School of Law '98
http://www.geocities.com/Paris/1206/

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Received on Sat Aug 22 1998 - 01:24:42 GMT