Re:The Man Who Smuggles Trader Joe’s into Canada
by ObviousScience on Friday October 03, 2014 @09:44PM
(#8408512)
Parody requires that it be a work of art.
Are you implying that his buying their products, transporting them, and reselling them is some kind of performance art which is criticizing Trader Joes in some fashion?
And that this guy is going to stand in front of a judge and claim he's not in the business of selling merchandise, he's a performer?
Re:The Man Who Smuggles Trader Joe’s into Canada
by lauraura on Friday October 03, 2014 @11:08PM
(#8408647)
I'm pretty certain fair use doesn't apply when you're making money off the trademark you're using in "fair use".
Re:The Man Who Smuggles Trader Joe’s into Canada
by icebraining on Saturday October 04, 2014 @04:32AM
(#8409078)
From the link posted above: In Campbell v. Acuff-Rose Music Inc, the Supreme Court recognized parody as a potential fair use, even when done for profit.
from wikipedia (USA law but fuck it let's go for it): n Campbell v. Acuff-Rose Music Inc[22] the Supreme Court recognized parody as a potential fair use, even when done for profit.
http://en.wikipedia.org/wiki/Fair_use#Fair_use_and_parody
Technically, you could probably do it in the states in a location that trader joe's isn't. Although I'd definitely have a very good lawyer on retainer if I was thinking of that :/