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By the time the lawyers draft the cease and desist and the 7 day response period ends, the novelty will be over. Also this might fall under parody law if viewed
by hadlock 5y ago
By the time the lawyers draft the cease and desist and the 7 day response period ends, the novelty will be over. Also this might fall under parody law if viewed through the right lens.
- girvo 5y agoDoes parody/fair use apply to trademarks? Genuine question, I don't know myself
- kevin_thibedeau 5y agoThey're parodying NFTs not Olive Garden. Same scenario as Penny Arcade parodying video games with the unrelated Strawberry Shortcake property.
- muzani 5y agoDidn't someone get away with a fake Starbucks because they were parodying parody law not Starbucks?
- skinnymuch 5y ago“ Starbucks did not pursue legal action, although it did note to the press that it was "evaluating" the possibility while reinforcing that the "Starbucks" name is a protected trademark. Upon the episode's broadcast, it was acclaimed by television critics.” The store only lasted a few days. Who knows what would’ve happened otherwise. https://en.m.wikipedia.org/wiki/Dumb_Starbucks https://en.m.wikipedia.org/wiki/Dumb_Starbucks
- notfed 5y agoI imagine Olive Garden similarly wouldn't mind this website, but who knows. Maybe they'll take it down because they take it seriously and want in on the profits?
- quickthrower2 5y agoThey are selling NFTs. They are making money, albeit not a lot, on the back of the goodwill of the Olive Garden brand. I think this is distinct from true parody say paying to watch a comedian who makes a joke about Olive Garden, or a free site that makes a joke about them.
- lelandfe 5y agoIf I paint a picture of an Olive Garden restaurant and sell it, is that infringement? That seems more or less identical to the conceit here.
- quickthrower2 5y agoIf you sell it on paintingsofolivegarden.com then maybe. The domain name implies association. IANAL;IANYL