Free speech: Peabody Energy objects to parody

Peabody Energy was not amused by a website that offered a free inhaler to any family within 200 miles of a coal plant and wrote a letter demanding that its name be removed from the website.

EFF attorney Carynne McSherry pointed out the weakness in Peabody’s position, “The legal analysis is not hard: the trademark fair use doctrine and the First Amendment both protect the use of Peabody’s trademarks as a necessary part of political commentary. Moreover, the site was entirely noncommercial and several courts have held that noncommercial uses are exempt from federal trademark infringement claims (and for you law geeks, they are also statutorily exempt from dilution claims).” -db

From a commentary for the Electronic Frontier Foundation, May 13, 2011, by Corynne McSherry.

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One Comment

  • Our society was based on fossil fuels, and fossil fuels are still dominant sources of energy. There are two main reasons why alternative energy sources are getting so much attention in the last few years- the fact that fossil fuels are limited resources that will eventually become depleted and also the fact that fossil fuels burning create massive damage to our environment, particularly in form of climate change.

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