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Parody of Wal-Mart Trumps Its Trademark

27 Marzo 2008

Judge doubts confusion will occur with products comparing retailer to Nazis, terrorists

A Conyers, Ga., man has won a two-year legal battle with Wal-Mart, which has demanded he stop making and selling T-shirts, beer steins and other items that sport slogans such as "Wal-ocaust" and "Wal-Qaeda."

U.S. District Judge Timothy C. Batten Sr. rejected Wal-Mart's claims that Charles Smith, a 50-year-old computer store owner who thinks the retailing giant is "taking over the world," violated the company's trademark.

"The fact that the real Wal-Mart name and marks are strong and recognizable makes it unlikely that a parody -- particularly one that calls to mind the genocide of millions of people, another that evokes the name of a notorious terrorist organization ... will be confused with Wal-Mart's real products," wrote Batten.

In a meticulously crafted, 87-page order that eviscerated conclusions by Wal-Mart's expert witness, the judge explained that Smith's products qualified as protected noncommercial speech because his goal was to criticize Wal-Mart, not to make a profit from his products. The judge noted that Smith had sold only 62 T-shirts, including 15 to one of Wal-Mart's outside law firms.

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Posted by Domain Staff at 09:06 AM


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