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Another Nail in the Coffin for Free Speech

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CWuestefeld:
Bear in my that this is Great Britain. I don't know how their law works, but it's a no-brainer that this wouldn't work in the USA.

First it's not IP law. The name "Lady Gaga" can't be copyrighted; indeed, it's encouraged for others to use it, as in, "I'd like to buy that Lady Gaga record". And obviously it's not a patent.

It can't be some kindle of libel law, because it doesn't even claim to be referring to her.

That pretty much leaves trademark law. But trademark law isn't there to protect the maker, it's there to protect the consumer from being misled/confused into buying a product other than the one that they think they're buying. But in this case, there's no confusion because (a) Lady Gaga isn't an animated monster; (b) the Googoo people aren't actually selling anything (at least not in this context).

Paul Keith:
“English trademark law allows parody songs and tribute bands, but not if the names are too similar and one takes unfair advantage of the other’s goodwill,” he said.
--- End quote ---

http://www.washingtonpost.com/world/europe/british-judge-bans-song-by-lady-goo-goo-character-after-gaga-lawsuit/2011/10/14/gIQAYpznjL_story.html

Renegade:
“English trademark law allows parody songs and tribute bands, but not if the names are too similar and one takes unfair advantage of the other’s goodwill,” he said.
--- End quote ---

http://www.washingtonpost.com/world/europe/british-judge-bans-song-by-lady-goo-goo-character-after-gaga-lawsuit/2011/10/14/gIQAYpznjL_story.html
-Paul Keith (October 18, 2011, 12:36 AM)
--- End quote ---

Hmmm... that gets me thinking...

Is "Woman B!+ch B!+ch" too similar, or would "Female Meanie Meanie" work better? :P

Meh... I really have no interest in trying to understand the logic behind how the two are "too similar". Besides, I don't drop acid or do other psychedelics (anymore), so I'm handicapped there. :P

JoTo:
Well, I'm not astonished at all.

In germany the term "Ga-Ga" has also the meaning of being an idiot, insane, crazy, lunatic, retarded anyway. Like we germans say "Er oder Sie ist Ga-Ga!" (He or She is Ga-Ga - replace the Ga-Ga with your most preferred word from my above mentioned list).

I knew already for a longer time that this useless carbon unit (i avoid calling her a human being intentionally), that others call her a singer or worse an artist (EEEEEEK!) is DEFINITIFELY GA-GA! Look at her outfits, performances and last but not least horrible music (if you insist to call it music).

So i think, YES she have the right to insist in this name and all derivations. Because she is "THE GENUINE GA-GA" in the german meaning.</ironic> :)

What concerns me much more is, that there are so many dumb kids around that like her and her <vomit>music</vomit>.

Poor poor world.

I feel fear for our human future and our world
JoTo

PS:
To be serious, i hate when this copyright topics happens. Remember that someone tried to "patent" the word Webspace to get money from everyone that uses that word in any context? Thanks god that patent was refused by an intelligent person. And the freeware author of FTP-Explorer (an ftp client) that got sued to not use the word "Explorer" for his app? WTF! Where will all this end? I think i should patent the word "the" for me and become a billionare from all the license fees i'll get. And jugdes that decide this way have either NO IDEA what they are doing or are GA-GA too. Well in both cased, they should be removed from their job. Just my 2ct. *ShakingMyHead* Tsk Tsk Tsk!

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