The tragedy of monied bullies and criminal gatekeepers screwing the rest of us for the sake of a greasy buck.
A few weeks ago I referenced a proposed new trademark law formally entitled “HR 683 – the Trademark Dilution Revision Act.” It passed in the House of Representatives and is under consideration by the Judiciary Committee.
Now stay with me, don’t get bored. This is important.
The Act contains certain anti-speech aspects which will directly affect illustrators, photographers and others.
It will serve to eliminate the current protection for non-commercial speech currently contained in the Lanham Act. It will prevent businesses (artists)and consumers from invoking famous trademarks to explain or illustrate their discussion of public issues.
For example, using the phrase “Where’s the Beef” could be actionable. Although you might use it in a non-commercial way, the (very) famous Wendy’s slogan when used to comment might not be protected by the fair use exception.
The Act would give companies considerable leverage in preventing artists and photographers from employing their marks in images by claiming the mark is being “diluted”. The bigger the company, the more famous the trademark, the easier it will be to prevent you guys from using it. National companies with highly recognizable marks would have more leverage than any single creator or small business and would easily outspend any of you to prevent your using their mark.
Exceptions for fair use, non-commercial use, reportage, commentary, etc. currently existing could disappear and would be no defense to claims of infringement of a registered or unregistered mark.
Mutherfuckers want to prevent me from talking about their mutherfucking products so I don’t dilute their mutherfucking brands?
Fuck.
Fuckers can pay me for diluting my scenery with their mutherfucking billboards and diluting my entertainment with their mutherfucking product placements and their mutherfucking commercials and polluting my thoughts with their mutherfucking jabber and greed and stupidity and greed and pestilence and flatulence and mutherfucking waste of time and ….
Fuck.