Quote:
Originally posted by Ace-Ace
Where is the line drawn between "the right to parody" and "using their name"? I've already said "fuck it" with this specific instance...but I'm wondering where the line is drawn. Is the "right to parody" the only case in which I'd have legal ability to use a trademarked name?
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The line is drawn in a court of law. I think the current benchmark is the ballyssucks.com case, where freedom of speach allowed the use of the trademark as part of an editorial comment. But clearly that doesn't apply in your case. You were trying to profit from the use of the trademark.
Consider yourself lucky if you are allowed to just walk away from it - using the trademark of a popular children's product in a url for a porn site was VERY fucking stupid and irresponsible - if I was the federal prosecutor in your local area, I would be asking myself how many kids were "lured" to his site every day by use of the trademark? What were you thinking?! You really should talk to a lawyer. I would have him send Nintendo a very nice suck-up letter and pray they don't go to the feds.