No, Making Fun Of Donald Trump's Stupid Red Hat Isn't Trademark Infringement

from the 99-dumb-red-hats dept

If, like me, you find American presidential politics far more humorously entertaining than anything Adam Sandler has produced in the past decade (at least), you probably already know all about Donald Trump’s stupid red hat. This isn’t to say anything about Trump’s politics, which are also stupid, but the hat he’s trotting around with is objectively stupid and if you don’t agree, well, you’re wrong.


The Trump Mullet: business from the neck down, nationalism up top.

As it turns out, other people think Trump’s stupid hat is stupid, as well. The Washington Post, for instance, decided to create a page dedicated to making all kinds of hats that want to make all kinds of things great again. And then there is NYC’s Mayor Bill de Blasio, who decided to make fun of Trump’s stupid hat by wearing his own stupid hat.

As you’ll hear in that Fox News clip, news commentators are now discussing whether de Blasio’s “Make America Fair Again” hat is a trademark violation, because Donald Trump has registered his “Make America Great Again” slogan. It’s not just Fox News asking this question. The Daily Caller too has a post about just how close to or over the trademark violation line de Blasio crept with his hat.

New York Mayor Bill de Blasio took a jab at Republican front-runner Donald Trump by wearing a red hat bearing the slogan “Make America Fair Again” during an interview Thursday on CNN, but he might have also violated trademark law in the process.

No, actually, he absolutely did not violate trademark law by making fun of Trump’s hat with his own hat. There are any number of reasons why this is the case. Essentially, all de Blasio would have to do is shout “Parody!” at anyone discussing this and the conversation is over, as parody is protected under Fair Use. But even beyond that, Trump would have to demonstrate before a court that not only is de Blasio’s hat not protected as parody, but that de Blasio is using his hat in commerce in competition with Trump’s hat, that the two slogans aren’t distinct enough to be easily separated in the mind of a moron in a hurry, and that anyone might be confused into thinking that Trump was behind the “fair” hat. None of those are the case. And, again, parody.

So, no, making fun of Trump’s stupid hat isn’t even remotely close to a trademark violation. Way to go, news media…

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Comments on “No, Making Fun Of Donald Trump's Stupid Red Hat Isn't Trademark Infringement”

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33 Comments
James Nelson says:

de Blasio no one to talk

Picking de Blasio to smack Trump was a prime choice. The guy is singlehandedly turning NYC into a sewer again. Maybe that’s what his stupid hat should say. Or maybe it should say, “Let’s Stab Cops In The Back Again” like the good old lawless NYC days of the 1970s and 1980s. But what else is to be expected of stupid leftists but stupidity?

cypherspace (profile) says:

If there is one thing Trump’s candidacy is good for, it’s for demonstrating what a complete farce our political system has become. I really can’t shed any tears about the “journalistic” stenographers who’ve provoked his wrath.

“But Trump can’t be bought off by donors and lobbyists!” – Yeah, because for the better part of 30+ years that’s exactly what he’s been doing to our politicians. Guess we’ve finally decided to cut out the middleman and let the plutocrats run for office.

Anonymous Coward says:

I think he’s got a shot at winning. It’s not because he’s particularly clever, or political savvy, or even because he’s rich. It may be a “stupid” hat, and his hair does look like it was styled by a leaf blower… but he truly believe’s the United States is exceptional, and that might be enough, all by itself, to win.

It seem’s to me he thinks Americans are tired of being told they are not special, that American “Exceptionalism” is wrong. It was suggested that neoconservatives believe that the people of the United States are “God Like” or “God’s Chosen” or whatever.. he seem’s to believe that is just as wrong as the far lefts belief that we are just the same as every one else, that we are no different than Mexico or Canada.

I get part of what he’s saying, and it does appeal to my sense of national pride.

The people of the Unites States ARE exceptional, just as the people of Canada and Mexico are exceptional in their minds. Trump is sayings it’s ok to be exceptional, it’s ok to think the United States is the best country in the world. Granted he’s got a strange, somewhat childish way of getting that point across… but he’s not fake, he really believes it.

Looking at some of his positions, he may be the best thing that every happened to the left. He doesn’t want to defund planned parenthood, he’s all for single payer, if the left could get him to soften his stance on illegal immigration, I would argue he’s more democrat than republican.

Regardless of if you think his hat is “stupid”, and really feel that pointing that out at least 6 times or so is required to get your point across, regardless of if you think his politics are stupid, which you felt compelled to point out as well, he believes in what he’s doing. It’s been a long time since I’ve seen a presidential candidate that truly believed, and would shout it from any podium you give him, that the United States is exceptional.

Anonymous Coward says:

Re: Re:

and it does appeal to my sense of national pride.

Regardless of if you think his hat is “stupid”, and really feel that pointing that out at least 6 times or so is required to get your point across, regardless of if you think his politics are stupid, which you felt compelled to point out as well, he believes in what he’s doing. It’s been a long time since I’ve seen a presidential candidate that truly believed, and would shout it from any podium you give him, that the United States is exceptional.

If we only believed… I think I heard that before.

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