Tarnishment - The Fluffy Approach

In today’s New York Times, the actorbring a merchandise score arrange against Al Franken for using the term “fair as well as balanced” inward the championship of his forthcoming book, Lies as well as the Lying Liars Who Tell Them: Influenza A virus subtype H5N1 Fair as well as Balanced Look at the Right. Newman claims that he has suffered harm because the authorities department’s acronym, HUD, has resulted inward an association betwixt a socially useful entity as well as Newman’s functioning equally a hardman inward the 1963 cinema HUD. Says Newman:

“[HUD] is a fair as well as balanced establishment as well as that some of its decency as well as respectability has unfairly rubbed off on his painting character, diluting the rotten, self-important, free-trade, corrupt conservative icon that Mr. Newman worked thus difficult to projection inward the film.”

An obvious (and amusing) parody thinks the IPKat, merely behind it at that topographic point is a serious merchandise score point. Does it count equally tarnishment if a tertiary political party uses a merchandise score that has a reputation for beingness associated amongst antisocial, deviant or evil behavior on intrinsically pleasant or virtuous goods. For example, would it last tarnishment if soul took it upon himself to launch a attain to MARILYN MANSON (registered equally a CTM and a US merchandise mark) cuddly toys? In the EU, Article 5(2) of the Trade Mark Directive talks almost purpose that is “detrimental to the repute of a merchandise mark.” If the mark’s reputation is for bad sense of savor or the similar as well as thus this reputation volition last damaged if the score is used on innocuous or fifty-fifty cutesy items. In the US, it’s non 100% clear that the Lanham Act provides a federal activity for tarnishment next Moseley v V Secret Catalogue but if it does as well as thus it seems unlikely that purpose on prissy products would autumn into the measure Definition of tarnishment, which tends to focus on the negativeness of the defendant’s use. For those who desire farther reading, McCarthy at §24:104 points to a few cases where tarnishment was non flora because at that topographic point was nix inherently objectionable almost the defendant’s goods or services.

Paul Newman gets saucy here
Virtuous products here
Be an angel here