This Post Rated E For Everyone (Except The Entertainment Software Association)
from the trademarks-and-morons-in-a-hurry dept
Looks like it's time to break out my favorite "test" in a trademark dispute: the moron in a hurry test. Last month, video gamer blog Kotaku was one of a few blogs that linked to a humorous t-shirt that was for sale parodying the ESRB video game rating system. The t-shirt read: "Your Mom's Rated E for Everyone." And what happens next? The Entertainment Software Association (the folks behind the ESRB ratings) send out a cease and desist letter to Kotaku, claiming that there's a "substantial likelihood that the ESRB certification marks will face tarnishment and dilution." Now, there are a few problems here. First, Kotaku had nothing to do with the actual shirt (though, the ESA folks apparently couldn't figure that out). They were just writing about it, which is clearly perfectly legal no matter how you look at it. Kotaku home base (better known as Gawker Media) pointed out to the ESA that they were probably mistaken and that since it's news/editorial content there's nothing to bother with here. But, apparently the lawyers at the ESA don't believe in that sort of thing, and repeated their demand that Kotaku's post be taken down. Of course, even if Kotaku were selling the t-shirt, they'd have a pretty clear case for it being legal. On the copyright side, it's a parody, which is an acceptable defense for fair use. On the trademark side, we trot out the moron in a hurry, who is unlikely to ever think that a t-shirt reading "Your Mom's Rated E for Everyone" is actually endorsed by the ESRB. If anything, the ESRB just spiked the demand for this t-shirt. However, what would be really fun, is if someone now creates a video game named "Your Mom" and tries to get an ESRB rating of "E for Everyone."![Hide This Hide this](https://ii.techdirt.com/s/t/i/topclose.png)
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So...?
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You can buy it..
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C&D letters
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Fair Use
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Re: Fair Use
...I'm no expert, but wouldn't satire/parody go out the window as soon as you profit from it?
What, the actors on SNL don't get paid? How rude! /sarcasm
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Re: Fair Use
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Re: Re: Fair Use
Like Brian said, I also believe Weird Al gets permission.
And the shirt uses the ESRB logo in it's entirety, including the catchphrase of "rated E for everyone". Movies like the Scary Movie series - and the skit shows don't use the parody in it's entirety.
I should make myself clear, I don't think it's right that they are suing - but I'm not sure if this falls under the umbrella of "fair use."
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Re: Re: Re: Fair Use
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Re: Fair Use
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Re: Re: Re: Fair Use
In any case, it's asinine for the ESRB to go after a guy who mentions a product in a blog. Even if it were completely degrading to the rating system, mentioning the parody is still covered by freedom of speech.
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re: Fair Use
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What rating could it get...
Your mom, Rated T for teen?
Your Mom, Rated M for mature?
I mean rating someones mom on any level just comes out funny
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Who's Mom
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Lol! That was great.
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Re: ESRB Ratings
I was thinking:
The ESRB is rated I for Immature
Who wants to make the shirt?
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Fair Use
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Spatula City
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The moron in a hurry applies to the lawyers who c&d the blog pointing to the original web site. Cluesless about the internet? A little too much red wine with the pork chops for lunch? In any case, double checking by a peer with more than one brain cell should be a good policy.
Finally, the ESRB should be rated R for retard (and that's offensive to retards) and their lawyers rated S for STFU.
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Then does Coolio pay royalties to Stevie Wonder?
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http://www.diy-t-shirt.com
(article from http://www.diy-t-shirt.com )
Like to design your own t-shirt ? maybe you have cool picture but can
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http://www.diy-t-shirt.com
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Megaupload downloading
Find al the necessary information there!
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Less offensive t shirts
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