5 ms·

You're assuming his use of copyrighted and trademarked material is authorized. They're selling books and even soaps with "deadwood" in the name, and they / the

You're assuming his use of copyrighted and trademarked material is authorized. They're selling books and even soaps with "deadwood" in the name, and they / the publisher (sounds like they're both run by him?) appear to have directly lifted the photo for the cover of one of the books: https://mzs.press/The-Last-Western-Deadwood-and-the-End-of-American-Empire-p476587251 https://mzs.press/The-Last-Western-Deadwood-and-the-End-of-A... ...from here: https://deadwood.fandom.com/wiki/Deadwood_(episode)?file=Season-1-episode-1-deadwood.png https://deadwood.fandom.com/wiki/Deadwood_(episode)?file=Sea... My guess is that Seitz got nailed by trademark and copyright infringement claims and is now spinning a story about how his poor poor book shop is getting screwed over by the Big Evil Corporation, as witnessed by the very histrionic language he uses in his tweets.

teh_klev 4y ago
Try reading the twitter thread: https://twitter.com/mattzollerseitz/status/1541994429405331458 https://twitter.com/mattzollerseitz/status/15419944294053314... https://twitter.com/mattzollerseitz/status/1541994429405331458 https://twitter.com/mattzollerseitz/status/15419944294053314...
ipaddr 4y ago
Trademark cannot stop someone from using that word on an unrelated product like soap. Nor can it stop someone from using a word in a book title.. Is Amazon killing the book industry? is a valid book title.
- Thorrez 4y ago
  > Nominative fair use generally is permissible as long as: > ... > (3) use of the mark does not suggest sponsorship or endorsement by the trademark owner https://www.inta.org/fact-sheets/fair-use-of-trademarks-intended-for-a-non-legal-audience/ https://www.inta.org/fact-sheets/fair-use-of-trademarks-inte... I'm not a lawyer, but "Deadwood Soap with a Prize Inside: Dirt" sounds like it could suggest sponsorship or endorsement to me. Of course, as teh_klev pointed out, this most likely isn't the cause of the store's Shopify problems since HBO says they're OK with what the store does.

teh_klev 4y ago

Try reading the twitter thread: https://twitter.com/mattzollerseitz/status/1541994429405331458 https://twitter.com/mattzollerseitz/status/15419944294053314... https://twitter.com/mattzollerseitz/status/1541994429405331458 https://twitter.com/mattzollerseitz/status/15419944294053314...

ipaddr 4y ago

Trademark cannot stop someone from using that word on an unrelated product like soap. Nor can it stop someone from using a word in a book title.. Is Amazon killing the book industry? is a valid book title.

Thorrez 4y ago
> Nominative fair use generally is permissible as long as: > ... > (3) use of the mark does not suggest sponsorship or endorsement by the trademark owner https://www.inta.org/fact-sheets/fair-use-of-trademarks-intended-for-a-non-legal-audience/ https://www.inta.org/fact-sheets/fair-use-of-trademarks-inte... I'm not a lawyer, but "Deadwood Soap with a Prize Inside: Dirt" sounds like it could suggest sponsorship or endorsement to me. Of course, as teh_klev pointed out, this most likely isn't the cause of the store's Shopify problems since HBO says they're OK with what the store does.