Favorite Flock Safety loves to crow about the thousands of local law enforcement agencies around the United States that have adopted its avian–themed automated license plate readers (ALPRs). But when a privacy activist launched a website to map out the exact locations of these pole-mounted devices, the company tried to clip his wings. The company…
All posts tagged Trademark
Sorry, Gas Companies – Parody Isn't Infringement (Even If It Creeps You Out)
Favorite Activism comes in many forms. You might hold a rally, write to Congress, or fly a blimp over the NSA. Or you might use a darkly hilarious parody to make your point, like our client Modest Proposals recently did. Modest Proposals is an activist collective that uses parody and culture jamming to advance environmental…
SXSW Tried to Silence Critics with Bogus Trademark and Copyright Claims. EFF Fought Back.
Favorite Special thanks to EFF legal intern Jack Beck, who was the lead author of this post. Amid heavy criticism for its ties to weapons manufacturers supplying Israel, South by Southwest—the organizer of an annual conference and music festival in Austin—has been on the defensive. One tool in their arsenal: bogus trademark and copyright claims…
The Public Domain Benefits Everyone – But Sometimes Copyright Holders Won’t Let Go
Favorite Every January, we celebrate the addition of formerly copyrighted works to the public domain. You’ve likely heard that this year’s crop of public domain newcomers includes Steamboat Willie, the 1928 cartoon that marked Mickey Mouse’s debut. When something enters the public domain, you’re free to copy, share, and remix it without fear of a…
Supreme Court Sends Bad Spaniels Back to Obedience School, Leaves Rogers Test Mostly Intact
Favorite The question of when you can use a trademark is one we see all the time—and one that is often misunderstood. Many of the world’s largest and most powerful companies are fanatical about their trademarks. But that means the public is often in the dark about how their First Amendment rights stack up to…
EFF Tells Supreme Court: Trademark Law Doesn’t Trump the First Amendment
Favorite A trademark dispute between a liquor company and a maker of novelty dog toys may not sound like an important First Amendment battleground, but the latest trademark case to come before the U.S. Supreme Court could have serious consequences for online speech and political activism. Trademarks are part of our modern lexicon, and we…
Podcast Episode: Making Hope, with Adam Savage
Favorite The joy of tinkering, making, and sharing is part of the human condition. In modern times, this creative freedom too often is stifled by secrecy as a means of monetization – from non-compete laws to quashing people’s right to repair the products they’ve already paid for. Adam Savage—the maker extraordinaire best known from the…
EFF Tells Court to Protect Anonymous Speakers, Apply Proper Test Before Unmasking Them In Trademark Commentary Case
Favorite Judges cannot minimize the First Amendment rights of anonymous speakers who use an organization’s logo, especially when that use may be intended to send a message to the trademark owner, EFF told a federal appeals court this week. EFF filed its brief in the U.S. Court of Appeal for the Second Circuit after several…
SHOP SAFE Is Another Attempt to Fix Big Tech That Will Mostly Harm Small Players and Consumers
Favorite Congress is once again trying to fix a very specific problem with a broad solution. We support the SHOP SAFE Act’s underlying goal of protecting consumers from unsafe and defective counterfeit products. The problem is that SHOP SAFE tackles the issue in a way that would make it incredibly difficult for small businesses and individuals…
EFF Client Responds to Ludicrous “Collusion” Trademark Threat
Favorite Update January 23, 2019: Asos contacted EFF to apologize for the cease and desist letter. Asos said the letter should never have been sent and assured us that it would take no further action against our client. We welcome the apology and hope that this case serves as an example to others who might…