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Do you know what parody is?
Trademarks are lost when they are not defended. That is entirely separate from fair use in copyright law.
There is also trade dress of course but that isn't really related.
IKEA bullied the developer of the indie game The Store is Closed into gutting the whole game. [0] It’s a shame how people can even acknowledge, let alone applaud IKEA’s “funny” gaming-related ad after their successful meddling with SCP folklore, not to speak of the chilling effect their actions may have had on indie gaming. [0]: https://www.escapistmagazine.com/the-store-is-closed-indie-s...
This is a tough one. The main culprit here is that trademwark law forces the trademark owner into an active defense posture to avoid losing the trademwark. This is very different from patents or copyright. So, in a way, IKEA was forced to write that nasty letter to the developer. Still, it's obvious fromo the published game footage that the developer was trying to walk a line between referencing IKEA and calling them…
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Yeah sorry man, that's clearly IKEA so it's obvious they had to act on it. Can't sell IKEA-branded games without their permission. Even on their Steam trailer, the first second is clearly IKEA. Just changing the name is not enough. https://store.steampowered.com/app/1593010/The_Store_is_Clos... Sometimes it's not that deep. Sometimes the cute little indie dev just made a mistake. The game is also not out yet, even th…
Do you know what parody is?
> Further, there’s at least the possibility on the part of the developer to claim that such usage is a “parody,” with parody and satire protected at the highest levels of American law through the application of First Amendment freedom of speech rights. However, courts will often require actual commentary to be made in order to extend such protections. In that way, a store name like “I CAN’T A” (or something far more clever) has a greater chance of succeeding than simply using a play on the word “store” in Scandinavian.
https://youtube.com/@ikeaheights?si=ZP7jYR1cUw16yhvo
Why and how it remains available, only Google knows!
Earlier quoted context omitted.
Do you know what parody is?
Trademarks are lost when they are not defended. That is entirely separate from fair use in copyright law.
Companies don’t need to be bulliest the vast majority of the time they act like one. We need to stop parroting this excuse for them.
Earlier quoted context omitted.
Trademarks are lost when they are not defended. That is entirely separate from fair use in copyright law.
This explains why Apple has sued The Onion a dozen or so times for all the parodies that infringed on trademarks belonging to the corporation. https://theonion.com/apple-introduces-revolutionary-new-lapt... https://theonion.com/new-ipad-offers-3-months-of-something-c...