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Utah Court Strikes Blow for Free Speech, Dismisses Trademark and CFAA Claims Against Political Activists

Posted by tuxchick on · 8 comments
Electronic Frontier Foundation; By Corynne McSherry
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As we've noted before, many trademark owners are none too happy when political activists use their marks as part of a larger statement about the owners' business or political practices. Sometimes, that unhappiness takes the form of improper legal threats and even lawsuits designed to silence critical speech. In a ruling issued today, a federal judge called a halt to one such lawsuit, affirming the essential balance between trademark rights and free speech.

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Comments (8)

Fixed, thanks!
Interesting the way that Koch approached the case.

One would have thought some sort of defamation/libel case would be more appropriate rather than a trademark dispute which is what it seems to have boiled down to.

Although I am not a lawyer so I don't know if that is possible in the US.
I can just see it now:

Koch, Inc,/the Koch brothers trying to argue in court, that YFCT, by presenting Koch in a good light (that is, presenting them as publicly announcing that they've finally -- at long last -- stopped the denialism and recognized Climate Change as a fact recognized by overwhelming scientific consensus) is somehow libelling or defaming them.

I'd pay to watch that.
I would respond to that, but I would certainly get censured for violating the TOS, and maybe even catch some flack in private.

Please, keep it on Linux and Free Software.
+1 gus3, it is difficult at times to restrain oneself.
> ...it is difficult at times to restrain oneself.

Please not that in this case, at least, I managed. :)
The key point is not whether or not you agree with Koch on their views, but whether or not the view attributed to them was actually representative of their view.

I think it is rather disingenuous of organisations to try to put forward their views by misrepresenting the views of others, regardless of the rights and wrongs of the matter. For that reason, I would have liked to see this organisation YFCT get the book thrown at them.

[Bernard: I do wish people would stop categorising the climate debate as those that believe that climate change is happening and those that do not. The debate is rather more complex and subtle than that. Note, that I do not present my own view as this is not the proper place.]

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