National Wal Mart shirt by Brownells

[User 1234]

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www.brownells.com

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[Kruel J]

So how long til Walmart sues?

 

[Zathras]

Mine has been on 'back-order' (technically pre-order) ever since I first saw the ad.

 

[Xaevian]

Dang, i get a C&R discount there. Need to order one. Since the Walmart debacle, Midway states on their website "MIDWAYUSA SELLS AMMO ALWAYS HAS, ALWAYS WILL".

 

[Xaevian]

Not even available for backorder. Got to get in before the injunction, lol.

 

[Alexx1401]

So how long til Walmart sues?

That little star thing is I am sure a Registered trade mark. If so they (Wally) will of course make them stop. Wonder if they could change it just enough to legally get away with it and still make it easy to see who they were poking fun at?

 

[Mark W.]

Walmort has nothing to sue over. The logo's are different. Brownells looks to be cartridges while the Walmort logo is a exclamation point shaped thing. The only similarities is the way they are arraigned and that they are both shades of yellow.

 

[Jonnyuma]

Had to get put on the notification list... I do hope they get more.

 

[The Heretic]

That little star thing is I am sure a Registered trade mark. If so they (Wally) will of course make them stop. Wonder if they could change it just enough to legally get away with it and still make it easy to see who they were poking fun at?

It's a parody. Parodies are legally exempt, especially when they are political commentary.

Doesn't mean Walmart won't take them to court though - but I doubt it.

 

[User 1234]

Chapter 1 - Circular 92 | U.S. Copyright Office

Subject Matter and Scope of Copyright

www.copyright.gov

 

[The Heretic]

Chapter 1 - Circular 92 | U.S. Copyright Office

Subject Matter and Scope of Copyright

www.copyright.gov

Trademark law is different from copyright, and a logo or brand name is trademark.

That said, parody has some measure of protection when used in a parody.

Parody Use of Trademarks - FindLaw

Parody Use of Trademarks. Find out more about this topic, read articles and blogs or research legal issues, cases, and codes on FindLaw.com.

corporate.findlaw.com

The problem is when it is used in a commercial sense - that muddies up the water so to speak.

 

[User 1234]

Trademark infringement (in 99% of legal disputes) requires consumer confusion. (E.g. initial interest confusion, source confusion). No consumer would possibly believe that shirt was sold by Wal Mart.

 

[Diamondback]

Besides, the Brownell's shirt has seven "points," Walmart's only six.

 

[The Heretic]

Why Hornady Stopped Selling Ammunition to Walmart 12 Years Ago

Read: Why Hornady Stopped Selling Ammunition to Walmart 12 Years Ago from Candice Horner on September 8, 2019 for Recoil.

www.recoilweb.com

 

[The Heretic]

Besides, the Brownell's shirt has seven "points," Walmart's only six.

It is similarity that counts, not exact replication.

 

[Mark W.]

Ok so the brownells shirt has a different name on it, a different logo, and a slogan not associated with Walmort. Ya asuit wod go no where.

 

[Cavedweller]

Trademark infringement (in 99% of legal disputes) requires consumer confusion. (E.g. initial interest confusion, source confusion). No consumer would possibly believe that shirt was sold by Wal Mart.

The North Face vs. The South Butt. No confusion possible here. Although they settled, the South Butt guy was still forced out of business.

The South Butt - Wikipedia

en.wikipedia.org

North Face settles lawsuit against South Butt

The North Face Apparel Corp. has settled its lawsuit against The South Butt, a Missouri teenager's company that marketed clothing that parodied the outdoor clothing giant.

www.nbcnews.com

 

[nehalemguy]

So how long til Walmart sues?

Pretty difficult case to make. It does not say "Walmart". It just looks similar and there are endless examples of where company logos have been mimicked......ie. "Guns and Coffee".

E

 

[nehalemguy]

 

[Kruel J]

Sarcasm missed.