23 outubro 2003

CULTURAS IN VITRO

Caterpillar Versus Disney: Why the First Amendment Does Not Protect the Use of the Bulldozer Company's Logo in George of the Jungle 2
The law should not let Disney and other creators and disseminators of mass entertainment carelessly use trademarks in which companies have invested. (After all, Disney itself is quick to litigate against a company that harms one of its trademarks and to work to get Congress to extend the duration of its copyrights.) To do so is to begin on a slippery slope to a world in which trademark owners have no control over the use of their trademarks in mass media - and in which the trademarks therefore lose their distinctiveness and value.