|
First, this is trademark law, not copyright.
The question is not so much will you win a lawsuit, as can you afford the court case.
I have been looking, without success, for some kind of precedent.
What is the likelihood that the trademark holder will notice and care?
Masturbate with a barbie doll, and I think Mattel will go apeshit.
Wear a sweater with a Nike swoosh logo, and they may not care.
A lawyer friend offered these thoughts (at no charge):
If you buy something with a trademark, and just use it as it is generally intended to be used, you have a decent argument to make to a judge.
Being able to show other situations where the trademark has been used in commercial work is a strong argument.
The publicity from a lawsuit can be extremely valuable.
The major downside exposure is an injunction stopping sales. The plantiff has to be able to convince a judge that they will suffer irreperable harm, or harm that they cannot receive compensation for.
I would like to hear about actual court decisions relating to this issue.
__________________
Paul
|