30-Apr-2008 12:13 PM -- Anonymous

Hey I am trying to answer a hypothetical question for school and any help would be appreciated. here is the question

Clever Clarence has decided to make a magazine that he calls "People" magazine. Unlike the real "People" magazine, which covers celebrity news, Clever Clarence's magazine features pictures of random people on the street with captions and stories that make blunt comments about them for no reason at all. Everything seems to be going well for Clever Clarence until until one of his subjects gets angry. Ticked-Off Terrence did not appreciate Clever Clarence's comment that Ticked-Off Terrence's mullett was "all business in the front but a party in the back." Ticked-Off Terrence sues Clever Clarence for violating his right to privacy, his right to publicity, and his copyright in his hairdo, which he designed himself but was cut by Holly HairSplitter. Because of the lawsuit, Ticked-Off Terrence and his raging mullett becomes famous. Meanwhile, the real "People" magazine has issued a cease and desist letter to Clever Clarence, claiming copyright and trademark infringement. You have been hired to represent Clever Clarence. What are the strengths and weaknesses of the claims against his magazine? What defenses are available to him? What would you advise Clever Clarence to do.

Thank you for your help.

L Sigman Esq

60 post s

1-May-2008

8:43 AM

Ah, reminds me of I.P. class in law school. I am assuming you are in some pre-law or law school class, so I can't just give you an answer, but I can tell you in law school there was never really a "right" answer.

Spot the issues (some are already indicated within the question).
Figure out the rule of law that applies (i.e Trademark law, etc.) and which facts in the paragraph lend themselves to concluding that that the law applies.
Then determine defenses, and apply the facts that support those defenses.
Finally, pick a side. You can't be wrong because there is no "right" answer, there is only a complete and well thought-out answer.

Hint: Copyright belongs only to the "author" (i.e. the hairdresser) and must be in a fixed medium - hair grows, so it's not "fixed".

Good luck.

Last Edited on 1-May-2008 8:44 AM