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I agree with this....
http://www.cnn.com/video/?hpt=hp_c2#...n-company.wcax
This industry should respect trademarks the same way we expect them to be respected. lame in my opinion. :2 cents: |
Ben and Jerry's are going to win this one:2 cents:
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Your Fired!
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Then...no parody ANYTHING? No parody porn? BRAZZERS can't do a scene spoof of the Kate Hudson / Owen Wilson movie "You, Me, And Dupree." and call it "You, Me, And Marcus"? {which I was in} No Saturday Night Live? No nothing of a parody/spoof of nature? I don't think so! Freedom of speech and parody/spoof laws ... the porn of isn't a "carbon copy of an ice cream product in stores"...it's a porn parody. "BEN & CHERRY'S" with altered "flavors" as scene titles, is HILARIOUS...and a PARODY... 'Nuf said, and MY :2 cents: Fitz http://www.brazzers.com/scenes/view/...me-and-marcus/ |
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Seems like a gray area - it's parody, but the parody is imitating a little too much I think. Should be an interesting case at least.
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Main "difference" here is the porn...but that ought to be irrelevant. :2 cents: |
Heh heh...I even wonder if THIS AIN'T FOX NEWS by HUSTLER will report on this?
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Trademark laws are not supposed to used because you don't like a parody. They are supposed to stop consumer confusion between an original product and a copycat.
Who are these idiots who can't tell the difference between ice cream and porn? Besides Ben and Jerry I mean :) |
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This would have much further reach than just porn.. If they lose the it would end most comedy parody's as well.
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Nobody on earth would mistake or confuse the two brands to think the ice cream company and porn studio are the same,
Worse than that for B&J they have flavors on the market like scweddy balls ice cream ... So a porn parody flavor isn't really damaging a wholesome reputation more than their own actual flavors. It's not like someone is doing a porn parody of smiletrain starring 18 year old girls with cleft lips... I don't see the added marketability of an ice cream flavor parody... But I don't see the harm to their brand either. In fact, this lawsuit is probably much better for B&J marketing than if no parody were ever made. First time they have been on CNN in a loooong time. Just saying' |
:1orglaugh
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:1orglaugh :1orglaugh
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This is going to be an expensive publicity stunt for Ben and Jerry ... |
Caballero Video folded ... |
So my statement wasn't so much directed in a legal sense, but rather one based on not pissing people off for no reason when you come from an already discriminated against industry. I mean does the Ben and Jerry's logo, look and feel make a great porn parody?
If yes. Really? I think the Naked Gun series is a great parody of cop shows. Scary movie is a great parody of horror flicks. The Onion is a great parody of a news source. Using Ben and Jerry's logo and brand in a parody fashion for people fucking is just lazy, lame, un-innovative and is the kind of shit that only brings bad publicity to this industry. Try harder. Trust me it can be done. |
New ice cream flavor... |
Would have been interesting to have been a fly on the wall but there might have been no parody here -- just an opportunistic infringement -- the porn was not a parody of ice cream or Ben and Jerry's practices in the ice cream business. |
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