Don't Take My Name in Vain

Atrios points out that the Congress has passed a bill making it a trademark violation to make any comment using a company's trademark. I guess from now on, we'll have to speak of the high point of the lunar shifting of the oceans instead of "high Tide."

Consumers and artists are currently protected from being sued for trademark infringement by companies if the use of the trademark is for "fair use" - a use that must meet a complex legal test - for news reporting/commentary, or for non-commercial use, but the recently passed House version of H.R. 683 eliminates the current non-commercial protection that the public receives. For instance, when Don McLean sang about driving his Chevy to the levee and finding the levee dry, the songwriter could have been sued for trademark dilution under the current language of the bill. Or when Walter Mondale criticized Gary Hart during the 1984 primaries by using Wendy's slogan, "Where's the beef," the remarks could be considered a trademark violation under the bill as passed by the House. According to the groups, this measure would severely limit small business owners, artists, photographers, illustrators and consumers from mentioning or using references to companies' trademarks. The result would force individuals who are being sued by companies to use a defense that is more difficult to prove.