Trademark Law
T-shirt Maker Wins Wal-Mart Legal Battle
A federal judge has sided with a T-shirt maker in a trademark battle with Wal-Mart.
U.S. District Judge Timothy C. Batten Sr. has ruled that T-shirts and other paraphernalia with anti-Wal-Mart slogans are protected as parodies, according to the Fulton County Daily Report.
Charles Smith’s T-shirts carried slogans such as “Wal-ocaust” and “Wal-Qaeda,” according to the story. His market is limited: He has sold only 62 T-shirts, including 15 to one of Wal-Mart’s outside law firms.
Batten said in his opinion (PDF) that Smith’s goal was criticism rather than profit and his products are protected noncommercial speech. Smith thinks Wal-Mart is taking over the world.
