Re:The JRR Tolkien Estate Can Go Fuck Itself
by pjscott on Sunday February 27, 2011 @09:34PM
(#2269809)
The DMCA doesn't apply to trademark infringement claims.
[ Parent
| on HN ]
Re:The JRR Tolkien Estate Can Go Fuck Itself
by Jeema3000 on Sunday February 27, 2011 @09:44PM
(#2269832)
Yes, but this does:
US Code Title 15 Section 1125:
(3) Exclusions
The following shall not be actionable as dilution by blurring or dilution by tarnishment under this subsection:
(A) Any fair use, including a nominative or descriptive fair use, or facilitation of such fair use, of a famous mark by another person other than as a designation of source for the person’s own goods or services, including use in connection with—
(i) advertising or promotion that permits consumers to compare goods or services; or
(ii) identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or services of the famous mark owner.