When a cartoonist decides to horse around, must a mammoth corporation react as if an online site is a horse of a different color, and whinny to the jest, nay, nay, neigh? With the Entertainment industry seeking to protect its intellectual property, especially in response to lucrative merchandising issues, it’s worth seeing that copyright and trademark issues create legal issues for other enterprises, too–and that the cyber chatter can be just as robust over the online world’s perception that corporations may feel their oats too much and might consider a wee bit more horse sense about aggressive protection of brand.
Today’s publicity-attracting incident involves Walmart, from which Jeph Jacques, creator of the comic strip Questionable Content, received a recent cease and desist letter after he launched his Walmart.horse website via the Tumblr photo-sharing and blogging software.
Jacques insists his is a protectable fair use of Walmart’s trademark. In the C&D notice, Walmart, the nation’s largest retailer, says the site, among other mark infringement claims, particularly “weakens the ability of the Walmart mark and domain name to identify a single source… [and] tarnishes the goodwill and reputation of Walmart’s products, services, and trademarks.”
What legal issues will prevail, so one of these conflicting parties happily and triumphantly rides off into the sunset?