Now, my shirts
were, at best, slightly amusing. They might elicit a
smirk or on a good day a chortle. American Idol's cease
and desist letter, now that's freakin' hilarious!
I'm
just one entrepreneur trying to sell t-shirt in an obscure
corner of the internet, yet American Idol is worried
about me "diluting and tarnishing" American
Idol's good name. If they were really worried about American
Idol's good name they would have put
a stop to Hung
For The Holidays.
And when I say
"trying to sell," I mean it. I offered the shirt
for several months and I checked my records, I sold exactly
one "American
Idiot" t-shirt.
That buyer was . . . me. So I made a total of zero dollars on
that design. American Idol (A.K.A.
Freemantle Media) spent more than I made on
the shirts on the paper they printed my cease and desist
letter on. Plus it was certified mail, so that's more
cost there. But wait it gets better! The letter wasn't
from American Idol, it was from the law firm that represents
American Idol. I have no idea what a lawyer goes for
hourly, but I'm going to betting it's some mad cash.
They spent like hundreds of dollars sending me a letter
to tell me to stop selling shirts, which I wasn't able
to do anyway. That's funny!
What's even
funnier is that they say my design is (quote) "likely
to cause confusion" ... to me that sounds like
they' think "the show" is likely to be idiotic.
So it occurs
to me that parody is protected under the First Amendment.
Can
American Idol even legally make me cease and desist? So I did
some research on the internet, as apparently search engines
can be used to look for things other than cross referencing
names of people you know with kinky fetishes.
It turns out
that, the legal take on this (over simplified of course),
is that true parody is protected, making money off that
parody is more of a gray area. Parody, not for profit,
is social
commentary. Parody, for profit, can be viewed as profiting
from someone else's work, if it isn't a "true parody."
And it's up to the courts to decide if it's a true parody
or not in that case. Since I can't even sell a lousy t-shirt,
there's no way, right or wrong, I'm going to have money
to contest this in court.
However, upon
re-reading the letter, the way it's written, they're really
only asking them to write them a letter and tell them I'm
not selling "American Idiot" stuff anymore (and
for that letter to be truthful).
Hell, I don't
care about selling the shirts. I wasn't selling them anyway!
Further more they
had neglected to put any sort of privacy/confidentiality
statement on the letter, meaning I am fully within my legal
rights
to
post
the cease and desist letter anywhere I wanted. I hope the
public posting of American Idol's legal strong arm tactics
don't "tarnish" the "goodwill
associated" with American Idol.
I may not financially
be able to stand up to you in court, but I'll have my revenge
on you trunk monkeys! As Randy Jackson would say, "Ya feelin'
me, Dawg?"
And if you have some inkling that you might want to buy
one of my other shirts, before I get a cease and desist letter
about them, do it!
Email
Me and tell me what you think
of American Idiot . . . oops! I mean American Idol
(I guess it really is likely to cause confusion), and
I just might post it here. |