A Virginia federal court recently ruled that a trademark would prevent a parody of the NAACP in naming the group “National Association for the Abortion of Colored People.” The Radiance Foundation was objecting to the liberal stances of the group that excluded any significant pro-life activities, but was told by the court that its parody infringed on the NAACP’s trademark. The EFF is filing an amicus brief in the appeal of the ruling, arguing that trademark law was intended to regulate business transactions, not political discourse. (Electronic Freedom Foundation, October 11, 2014k by Daniel Nazer)
The ACLU of Virginia is joining in the amicus brief that cited a number of precedents in arguing for a reversal of the Virginia court ruling including two federal circuit cases, Rogers v. Grimaldi and Mattel v. MCA Records that found that twisting the trademark was protected even if some consumers might be a bit confused especially when the use of the trademark was non-commercial. (Volokh Conspiracy in The Washington Post, October 13, 2014, by Eugene Volokh)