Cheetah
Wingman
  
Posts: 914
Joined: Apr 2014
Reputation: 6
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RE: Someone created a RVF hate twitter account
(07-12-2014 04:32 AM)Cheetah Wrote: (07-12-2014 12:03 AM)Sp5 Wrote: (07-11-2014 11:49 PM)JuanQuinQuin Wrote: Is that even Legal? They are more than quoting the website without Rooshv's permission. I thought that what was written here was under copyright or something like that, similar to pictures in stockphotos.com or other proprietary websites.
Yes, it's legal. Fair use doctrine in copyright law. It's a fair use to quote material to criticize, parody, comment on, etc.
..what about that they use his picture/logo, presumably without his permission?
To answer my own question, I doubt that they are allowed to do so.
"A logo cannot be used in a way to suggest an endorsement by the logo’s owner where none exists."
It would be good if the logo is registered as a trademark (hint to roosh) while even if it isn't "[..]logos don’t have to be registered as trademarks to be protected under common law. The law allows the owner of a trademarked logo to attempt to prevent any appropriation of the logo for use on competing goods or services or any use that could cause consumer confusion on ownership or endorsement. The rights of the logo owner, however, are not absolute."
Source: http://smallbusiness.chron.com/fair-use-logos-2152.html
In addition to the aforementioned, usual copyright laws regarding the picture could also be looked into.
(This post was last modified: 07-12-2014 05:06 AM by Cheetah.)
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| 07-12-2014 04:52 AM |
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Teedub
International Playboy
     
Posts: 5,010
Joined: Jan 2013
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RE: Someone created a RVF hate twitter account
Every normal man must be tempted, at times, to spit upon his hands, hoist the black flag, and begin slitting throats. - H L Mencken
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| 07-12-2014 06:22 AM |
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The following 7 users Like Teedub's post:7 users Like Teedub's post
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AnonymousBosch
International Playboy
     
Posts: 5,348
Joined: Jul 2013
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RE: Someone created a RVF hate twitter account
(07-12-2014 05:25 AM)InternationalPlayboy Wrote: "Hardcore progressives are, almost without exception, extremely mentally/emotionally dysfunctional."
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| 07-12-2014 06:24 AM |
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The following 6 users Like AnonymousBosch's post:6 users Like AnonymousBosch's post
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Parlay44
Innovative Casanova
      
Posts: 6,553
Joined: Aug 2011
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RE: Someone created a RVF hate twitter account
Team Nachos
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| 07-12-2014 06:31 AM |
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The following 6 users Like Parlay44's post:6 users Like Parlay44's post
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Sp5
Banned
Posts: 2,696
Joined: Feb 2013
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RE: Someone created a RVF hate twitter account
(07-12-2014 04:32 AM)Cheetah Wrote: (07-12-2014 12:03 AM)Sp5 Wrote: (07-11-2014 11:49 PM)JuanQuinQuin Wrote: Is that even Legal? They are more than quoting the website without Rooshv's permission. I thought that what was written here was under copyright or something like that, similar to pictures in stockphotos.com or other proprietary websites.
Yes, it's legal. Fair use doctrine in copyright law. It's a fair use to quote material to criticize, parody, comment on, etc.
..what about that they use his picture/logo, presumably without his permission?
Roosh's logo is a trademark, because it's unique and has come to be associated with him.
Usually, if there is a flavor of parody or criticism in the use of the logo, it's fair use. It would not be fair use if someone selling travel guides or daygame material used it for commercial purposes to confuse buyers.
I don't see a commercial purpose for this Twitter feed, so it looks like fair use. Anyways, this is a form of flattery. Engaging in the marketplace of ideas, let freedom ring.
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| 07-12-2014 07:10 AM |
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Cheetah
Wingman
  
Posts: 914
Joined: Apr 2014
Reputation: 6
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RE: Someone created a RVF hate twitter account
(07-12-2014 07:10 AM)Sp5 Wrote: (07-12-2014 04:32 AM)Cheetah Wrote: (07-12-2014 12:03 AM)Sp5 Wrote: (07-11-2014 11:49 PM)JuanQuinQuin Wrote: Is that even Legal? They are more than quoting the website without Rooshv's permission. I thought that what was written here was under copyright or something like that, similar to pictures in stockphotos.com or other proprietary websites.
Yes, it's legal. Fair use doctrine in copyright law. It's a fair use to quote material to criticize, parody, comment on, etc.
..what about that they use his picture/logo, presumably without his permission?
Roosh's logo is a trademark, because it's unique and has come to be associated with him.
Usually, if there is a flavor of parody or criticism in the use of the logo, it's fair use. It would not be fair use if someone selling travel guides or daygame material used it for commercial purposes to confuse buyers.
I don't see a commercial purpose for this Twitter feed, so it looks like fair use. Anyways, this is a form of flattery. Engaging in the marketplace of ideas, let freedom ring.
![[Image: 500px-American_Corporate_Flag.svg.png]](http://upload.wikimedia.org/wikipedia/en/thumb/7/78/American_Corporate_Flag.svg/500px-American_Corporate_Flag.svg.png)
I'm not so sure, someone could think that roosh is the actual owner of the twitter account if they just look at how the logo is used. If they made a parody of the logo I suppose that could be different, now it's more like that they associate the twitter account and the 'tweets' with his logo.
Try opening up a twitter account and use the coca-cola trademark or any other famous trademark and make a huge amount of tweets trying to criticise that company associated with the trademark. I bet that you won't last long.
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| 07-12-2014 08:16 AM |
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Sp5
Banned
Posts: 2,696
Joined: Feb 2013
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RE: Someone created a RVF hate twitter account
(07-12-2014 08:16 AM)Cheetah Wrote: (07-12-2014 07:10 AM)Sp5 Wrote: (07-12-2014 04:32 AM)Cheetah Wrote: (07-12-2014 12:03 AM)Sp5 Wrote: (07-11-2014 11:49 PM)JuanQuinQuin Wrote: Is that even Legal? They are more than quoting the website without Rooshv's permission. I thought that what was written here was under copyright or something like that, similar to pictures in stockphotos.com or other proprietary websites.
Yes, it's legal. Fair use doctrine in copyright law. It's a fair use to quote material to criticize, parody, comment on, etc.
..what about that they use his picture/logo, presumably without his permission?
Roosh's logo is a trademark, because it's unique and has come to be associated with him.
Usually, if there is a flavor of parody or criticism in the use of the logo, it's fair use. It would not be fair use if someone selling travel guides or daygame material used it for commercial purposes to confuse buyers.
I don't see a commercial purpose for this Twitter feed, so it looks like fair use. Anyways, this is a form of flattery. Engaging in the marketplace of ideas, let freedom ring.
![[Image: 500px-American_Corporate_Flag.svg.png]](http://upload.wikimedia.org/wikipedia/en/thumb/7/78/American_Corporate_Flag.svg/500px-American_Corporate_Flag.svg.png)
I'm not so sure, someone could think that roosh is the actual owner of the twitter account if they just look at how the logo is used. If they made a parody of the logo I suppose that could be different, now it's more like that they associate the twitter account and the 'tweets' with his logo.
Try opening up a twitter account and use the coca-cola trademark or any other famous trademark and make a huge amount of tweets trying to criticise that company associated with the trademark. I bet that you won't last long.
Here's a Twitter account which uses the logo and publishes under Coca Cola Sucks:
https://twitter.com/coca_cola_sucks
See also: https://twitter.com/CocaCola24x7
with critical news.
You were saying? Don't argue with a former trademark and free-speech lawyer about trademark and free speech law.
Also, what Twitter, a private company, does is separate from whether the use of the logo is "legal" or not.
Sure, Roosh could complain to Twitter that his trademark is being misused. Twitter could make the user take Roosh's logo off under their own terms of service. From the Coca Cola examples, it looks like they follow the fair use doctrine.
If it went to court in any of these cases, it's a fair use and legal.
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| 07-12-2014 10:14 AM |
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The following 1 user Likes Sp5's post:1 user Likes Sp5's post
WestIndianArchie
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Cheetah
Wingman
  
Posts: 914
Joined: Apr 2014
Reputation: 6
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RE: Someone created a RVF hate twitter account
(07-12-2014 10:14 AM)Sp5 Wrote: (07-12-2014 08:16 AM)Cheetah Wrote: (07-12-2014 07:10 AM)Sp5 Wrote: (07-12-2014 04:32 AM)Cheetah Wrote: (07-12-2014 12:03 AM)Sp5 Wrote: Yes, it's legal. Fair use doctrine in copyright law. It's a fair use to quote material to criticize, parody, comment on, etc.
..what about that they use his picture/logo, presumably without his permission?
Roosh's logo is a trademark, because it's unique and has come to be associated with him.
Usually, if there is a flavor of parody or criticism in the use of the logo, it's fair use. It would not be fair use if someone selling travel guides or daygame material used it for commercial purposes to confuse buyers.
I don't see a commercial purpose for this Twitter feed, so it looks like fair use. Anyways, this is a form of flattery. Engaging in the marketplace of ideas, let freedom ring.
![[Image: 500px-American_Corporate_Flag.svg.png]](http://upload.wikimedia.org/wikipedia/en/thumb/7/78/American_Corporate_Flag.svg/500px-American_Corporate_Flag.svg.png)
I'm not so sure, someone could think that roosh is the actual owner of the twitter account if they just look at how the logo is used. If they made a parody of the logo I suppose that could be different, now it's more like that they associate the twitter account and the 'tweets' with his logo.
Try opening up a twitter account and use the coca-cola trademark or any other famous trademark and make a huge amount of tweets trying to criticise that company associated with the trademark. I bet that you won't last long.
Here's a Twitter account which uses the logo and publishes under Coca Cola Sucks:
https://twitter.com/coca_cola_sucks
See also: https://twitter.com/CocaCola24x7
with critical news.
You were saying? Don't argue with a former trademark and free-speech lawyer about trademark and free speech law.
Also, what Twitter, a private company, does is separate from whether the use of the logo is "legal" or not.
Sure, Roosh could complain to Twitter that his trademark is being misused. Twitter could make the user take Roosh's logo off under their own terms of service. From the Coca Cola examples, it looks like they follow the fair use doctrine.
If it went to court in any of these cases, it's a fair use and legal.
That 'coca cola sucks' is such a small twitter account that it is probably forgotten or never seen. The 'cocacola24x7' seems like a much bigger and significant account. On that one, they clearly state that it isn't affiliated with coca-cola and they show a picture of a coca-cola bottle. They just don't use their logo, they show a picture of a bottle, like showing a picture of a car that you bash. It could be the difference between ok and not ok.
If you are lawyer, I am suprised that you write what a court would conclude, instead of saying what they probably would conclude.
Anyway, why not discuss something more important, such as what this forum is all about. Who is the next one to get quoted on that twitter account?
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| 07-12-2014 10:47 AM |
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