Re: [rumori] copyright vs. trademark infringement

From: Steev Hise (
Date: Mon Sep 18 2000 - 18:43:41 PDT

Tue, 19 Sep 2000 found illegal art writing:

>Is the use of a company's logo trademark infringement as opposed to
>copyright infringement?
>If so... do the limitations on exclusive rights (for purposes such as
>criticism, comment, etc.) still apply?

i've been reading an excellent book that mostly deals with
that subject, actually, called "The cultural life of
intellectual properties", by Rosemary Coombe.

it's a big topic, but to be brief, there's no fair use
clause to trademark law, or to publicity rights (like when
a celebrity sues someone for doing something that refers to
them or their identity). trademark law is much more
draconian, though some mavericks (like the famous Judge
Kozinski) are interpreting it a little more fairly.

this difference has a lot to do with whhy Negativland
originally got into trouble with "U2". the cover of the
single looked like a U2 record, cuz it used iconography that
resembled the U2 "logo". and that's what originally drew
Island's ire.....


Steev Hise, Technical Thug
"The truth is that the world isn't going to end. It has ended."
            -Craig Dremann

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