Friday, October 10, 2008

Killer sofa, tarnished Xbox?

Thanks to an eagle-eyed student, I present here an ad showing a classic couch potato: generic chips, generic soda, non-generic Xbox. Tarnishment? (Under state law, because there’s no use as a mark for the defendant’s own goods and services here, even aside from nominative fair use.) Maybe the use is justified because it’s simply too hard to mock up a recognizable “generic” gaming system, given that there may be no such thing.

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