We regularly cover how big business can abuse trademark litigation to attempt to squelch critical commentary or creativity. (E.g., Jan. 3, May 28, Jan. 4, 2005, Nov. 7, 2004, Jun. 29, 2004, Aug. 31, 2003). The Senate is contemplating legislation, already passed by the House, H.R. 683, that would make such litigation easier “regardless of the presence or absence of actual or likely confusion, of competition, or of actual economic injury”: more “Harm-Less Lawsuits.” The bill is meant to undo the Supreme Court interpretation of the Lanham Act in Moseley v. V Secret Catalogue, Inc., 537 U.S. 418, 123 S.Ct. 1115 (2003). The Electronic Frontier Foundation is on the case. Chris Rush Cohen commented back on March 16.
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