Dan McCall of LibertyManiacs.com beat NSA and DHS

[quincy]

What is the name of your state (only U.S. law)? MN

The news will be released later today. Dan McCall of Libertymaniacs.com received several cease and desist letters from three letter agencies regarding his political parody shirts. He was threatened with civil and criminal charges. McCall fought back. The Federal agencies settled by publicly acknowledging that using names and images of government agencies such as NSA and FBI on parody merchandise is not in violation of any federal laws. Both agencies agreed to send letters rescinding their cease-and-desist letters, and confirming that no federal laws were violated by selling the parodied merchandise.The details of the resolution will be released later today.


At least for today, the 1st Amendment still means something.

Congrats Dan!

DC

This was more a trademark infringement suit over name and logo use than a defamation suit - but good for Dan.

The government has lost so many of these parody actions in the past (most notably the "Smokey the Bear" fights) that it is a surprise the government is still challenging the law with their cease and desists.

 

[TigerD]

This was more a trademark infringement suit over name and logo use than a defamation suit - but good for Dan.

The government has lost so many of these parody actions in the past (most notably the "Smokey the Bear" fights) that it is a surprise the government is still challenging the law with their cease and desists.

Honestly, I just slapped it here because it was the most convenient place that I was sure you would see.

Settlement terms: http://www.citizen.org/documents/McCall-v-NSA-Settlement-Agreement-and-Release.pdf

DC

 

[quincy]

Honestly, I just slapped it here because it was the most convenient place that I was sure you would see.

Settlement terms: http://www.citizen.org/documents/McCall-v-NSA-Settlement-Agreement-and-Release.pdf

DC

Although the damages awarded, money wise, were not impressive ($500), the letter from the NSA is priceless.

It is up to the trademark holder to monitor all unauthorized uses or risk losing rights to the trademark, and there can be a fine line between parody and disparagement, but the government REALLY should learn more about parody before sending out their cease and desist letters. They are getting to be as bad as the professional sports organizations.