Moving Right Along


Michael Froomkin: Moveoneforamerica.org — Trademark Infringers

There are important and substantial First Amendment protections for political speech that trump the trademark statute. These include a right to parody, and a right to refer to an organization you are criticizing by its own name (“nominative fair use”). But none apply to attempts to create a confusingly similar name for yourself in the hope of confusing the public.

Andrew Raff @andrewraff