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If the parents choose to fight this, they will surely win and may even be rewarded with a decent settlement. The recent Lenz decision by the Supreme Court made
by ChicagoBoy11 10y ago
If the parents choose to fight this, they will surely win and may even be rewarded with a decent settlement.
The recent Lenz decision by the Supreme Court made it a lot more challenging for companies to just blanket-issue DMCA requests because it forces them to take fair use considerations in mind -- that would handle any copyright claim made against the phrase. Wrt trademark, there is absolutely no argument that could sustain the notion that somehow this girl's painting is confusing others as to the fact that it may be official GoT material.
Sadly, this is an unfortunate collective action problem. I understand that it is too much of a hassle and could be too costly for that single family to try to fight this on their own, so in 99.9% of these cases these companies just win by default. But a huge reason why the resort to those strategies is the fact that they count on people not taking them to task in the first place. I have no good answer for this, though.