Kerry The Copyright Thief

Ichabod Kerry appears to be infringing on a copyright — so says Backcountry Conservative with some authority for backup.

UPDATE: Jon in the comments is right about this. Considering I practice in the area of trademarks, I should have done my own thinking. Apologies to all. First, it is a trademark issue, not a copyright issue. Second, Kerry is not seeking to make a profit. Jon suggests it is fair use. I tend to agree.

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Erick Erickson

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  • Unless Kerry is making money based on that image and the NCAA can show how it is harmed by Kerry’s infringement, there’s really nothing the property holder can do other than ask (in an impolite legal letter) that the Kerry campaign stop using a similar logo. Then the fun might begin, or the campaign can say it’s a lampooning of Republicans. That falls under fair use, especially if there’s no money being generated based on the logo (I’m sure there’s money being made by the site, but it’s not from the logo).

    And it’s a trademark, not a copyright, issue.