Appeals Court: No You Can't Copyright Yoga

No, Making Fun Of Donald Trump's Stupid Red Hat Isn't Trademark Infringement

from the 99-dumb-red-hats dept

Thu, Oct 8th 2015 10:49am — Timothy Geigner

If, like me, you find American presidential politics far more humorously entertaining than anything Adam Sandler has produced in the past decade (at least), you probably already know all about Donald Trump's stupid red hat. This isn't to say anything about Trump's politics, which are also stupid, but the hat he's trotting around with is objectively stupid and if you don't agree, well, you're wrong.

The Trump Mullet: business from the neck down, nationalism up top. As it turns out, other people think Trump's stupid hat is stupid, as well. The Washington Post, for instance, decided to create a page dedicated to making all kinds of hats that want to make all kinds of things great again. And then there is NYC's Mayor Bill de Blasio, who decided to make fun of Trump's stupid hat by wearing his own stupid hat. As you'll hear in that Fox News clip, news commentators are now discussing whether de Blasio's "Make America Fair Again" hat is a trademark violation, because Donald Trump has registered his "Make America Great Again" slogan. It's not just Fox News asking this question. The Daily Caller too has a post about just how close to or over the trademark violation line de Blasio crept with his hat.

New York Mayor Bill de Blasio took a jab at Republican front-runner Donald Trump by wearing a red hat bearing the slogan “Make America Fair Again” during an interview Thursday on CNN, but he might have also violated trademark law in the process.

No, actually, he absolutely did not violate trademark law by making fun of Trump's hat with his own hat. There are any number of reasons why this is the case. Essentially, all de Blasio would have to do is shout "Parody!" at anyone discussing this and the conversation is over, as parody is protected under Fair Use. But even beyond that, Trump would have to demonstrate before a court that not only is de Blasio's hat not protected as parody, but that de Blasio is using his hat in commerce in competition with Trump's hat, that the two slogans aren't distinct enough to be easily separated in the mind of a moron in a hurry, and that anyone might be confused into thinking that Trump was behind the "fair" hat. None of those are the case. And, again, parody.

So, no, making fun of Trump's stupid hat isn't even remotely close to a trademark violation. Way to go, news media...

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Filed Under: bill de blasio, donal trump, free speech, hat, make america great again, parody, trademark, use in commerce

33 Comments

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Baron von Robber, 8 Oct 2015 @ 10:54am

"Make America White Again"...pretty sure that's what Trump meant.
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Berenerd (profile), 8 Oct 2015 @ 10:57am

Re:
Made in China
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Anonymous Coward, 8 Oct 2015 @ 11:03am

Is any more proof needed that politics has become a shouting match between rival gangs, encouraged by the peanut gallery that is the press.
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legumes, 8 Oct 2015 @ 11:08am

so what else buries itself in the ground
Please do not disparrage the noble peanut which is a useful plant in all its forms and applications by comparing it with the modern press media.
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Anonymous Coward, 8 Oct 2015 @ 11:08am

Fair Use and Parody
The parity fair use exception is copyright law. They are talking about Trump's trademarks, not his copyrights.
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David, 8 Oct 2015 @ 11:29am

And different branches of commerce
Blasio is engaging in politics whereas Trump is doing stand-up comedy.
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Anonymous Coward, 8 Oct 2015 @ 11:35am

Re: Fair Use and Parody
And why would that hat or what's on it be either trademarkable or copyrightable in the first place?
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Anonymous Coward, 8 Oct 2015 @ 11:36am

Re: Fair Use and Parody
A small amount of googling proves you wrong: Fair Use (U.S. trademark law) - Wikipedia
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Dark Helmet (profile), 8 Oct 2015 @ 11:39am

Re: Fair Use and Parody
The right to mock or criticize exists in Fair Use for trademark as well, my friend....
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Anonymous Coward, 8 Oct 2015 @ 11:45am

Re:
that is politics, compared to history, politics are relatively tame these days.
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Anonymous Coward, 8 Oct 2015 @ 12:16pm

Re: Fair Use and Parody
You should get a clue
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James Nelson, 8 Oct 2015 @ 12:19pm

de Blasio no one to talk
Picking de Blasio to smack Trump was a prime choice. The guy is singlehandedly turning NYC into a sewer again. Maybe that's what his stupid hat should say. Or maybe it should say, "Let's Stab Cops In The Back Again" like the good old lawless NYC days of the 1970s and 1980s. But what else is to be expected of stupid leftists but stupidity?
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Anonymous Coward, 8 Oct 2015 @ 12:20pm

Re: Re:
Not as much "tame", as "lame", but that is a detail
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Anonymous Coward, 8 Oct 2015 @ 12:39pm

Re: de Blasio no one to talk
Are you a vessel for hate?
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Anonymous Coward, 8 Oct 2015 @ 12:57pm

Re: de Blasio no one to talk
As opposed to letting the cops continue to run roughshod over minorities because only white people should feel safe in NYC?
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James Nelson, 8 Oct 2015 @ 1:47pm

NYPD
Yes, I'm a member, a tool, and a vessel.
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orbitalinsertion (profile), 8 Oct 2015 @ 2:10pm

But, but, but... there might be brand confuuuuuusion!
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Anonymous Coward, 8 Oct 2015 @ 2:25pm

The asshole runs for president because he's millionaire.
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Anonymous Coward, 8 Oct 2015 @ 3:15pm

The Daily Caller too has a post about just how close to or over the trademark violation line de Blasio crept with his hat.
Well what do you expect from a cesspool of a site like that?
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Anonymous Coward, 8 Oct 2015 @ 3:17pm

Re: de Blasio no one to talk
What are you pissing about? He hired Bill "Broken Windows" Bratton as police commissioner!
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Anonymous Coward, 8 Oct 2015 @ 3:32pm

Can we please "Make America Trump Free NOW"
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Kronomex, 8 Oct 2015 @ 3:43pm

The hat might be stupid but it's far more intelligent than the brain under it.
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Anonymous Coward, 8 Oct 2015 @ 4:13pm

Fox news anchors have a habit of making suggestive comments when they don't know the answer to a question.

>Obama renames Mt. Mckinley
"Not sure how he can do that..."

@0:25
https://youtu.be/9H9CEK-771I?t=25s

The point about news is to find the answers and inform the public, not perpetuate ignorance and divisiveness.
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cypherspace (profile), 8 Oct 2015 @ 5:08pm

If there is one thing Trump's candidacy is good for, it's for demonstrating what a complete farce our political system has become. I really can't shed any tears about the "journalistic" stenographers who've provoked his wrath.

"But Trump can't be bought off by donors and lobbyists!" - Yeah, because for the better part of 30+ years that's exactly what he's been doing to our politicians. Guess we've finally decided to cut out the middleman and let the plutocrats run for office.
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Moron In A Hurry, 8 Oct 2015 @ 6:13pm

Re: Fair Use and Parody
I'm so confused. I tried to buy on of those Trump hats but ended up with a toupe
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Anonymous Coward, 8 Oct 2015 @ 6:18pm

Re: Re: de Blasio no one to talk
Yes, this is exactly what the poster and others like it are saying. They are self righteous bigots and they are throwing a temper tantrum because they are not getting their way. How dare you treat everyone equal!!!111111
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Anonymous Coward, 8 Oct 2015 @ 6:20pm

Re:
Fox is not news, it is entertainment - they even admitted it in a court case.
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Anonymous Coward, 8 Oct 2015 @ 7:10pm

Hmm
That red hat looks better on him than the other hairy one he usually wears...
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Paul Alan Levy (profile), 8 Oct 2015 @ 7:46pm

WHICH "legal analysts"?
I just note that Fox did not identify the "legal analysts [who allegedly] say that Trump may have a case against de Blasio ...." Did they demand anonymity to protect their reputations?
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David, 9 Oct 2015 @ 12:16am

Re:
Uh, yes? That's how the political system in the U.S. is rigged. Put a mop on a chimpanzee and give him a few dozen million dollars and he'll make the race against anybody having a brain and a conscience but not half the money.
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Anonymous Coward, 9 Oct 2015 @ 4:37am

I think he's got a shot at winning. It's not because he's particularly clever, or political savvy, or even because he's rich. It may be a "stupid" hat, and his hair does look like it was styled by a leaf blower... but he truly believe's the United States is exceptional, and that might be enough, all by itself, to win.

It seem's to me he thinks Americans are tired of being told they are not special, that American "Exceptionalism" is wrong. It was suggested that neoconservatives believe that the people of the United States are "God Like" or "God's Chosen" or whatever.. he seem's to believe that is just as wrong as the far lefts belief that we are just the same as every one else, that we are no different than Mexico or Canada.

I get part of what he's saying, and it does appeal to my sense of national pride.

The people of the Unites States ARE exceptional, just as the people of Canada and Mexico are exceptional in their minds. Trump is sayings it's ok to be exceptional, it's ok to think the United States is the best country in the world. Granted he's got a strange, somewhat childish way of getting that point across... but he's not fake, he really believes it.

Looking at some of his positions, he may be the best thing that every happened to the left. He doesn't want to defund planned parenthood, he's all for single payer, if the left could get him to soften his stance on illegal immigration, I would argue he's more democrat than republican.

Regardless of if you think his hat is "stupid", and really feel that pointing that out at least 6 times or so is required to get your point across, regardless of if you think his politics are stupid, which you felt compelled to point out as well, he believes in what he's doing. It's been a long time since I've seen a presidential candidate that truly believed, and would shout it from any podium you give him, that the United States is exceptional.
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Anonymous Coward, 9 Oct 2015 @ 11:20am

Re:
and it does appeal to my sense of national pride.

Regardless of if you think his hat is "stupid", and really feel that pointing that out at least 6 times or so is required to get your point across, regardless of if you think his politics are stupid, which you felt compelled to point out as well, he believes in what he's doing. It's been a long time since I've seen a presidential candidate that truly believed, and would shout it from any podium you give him, that the United States is exceptional.

If we only believed... I think I heard that before.
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G Thompson (profile), 11 Oct 2015 @ 12:49am

Wouldn't the case be though that if anyone actually is a Trump supporter then by evidence of such that they ARE a moron.. in a hurry or otherwise
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