On Tue, 7 Mar 2000, Robert A. Hayden wrote:
> Full information at http://www.geek.net/ama
>
> 30 Second Overview:
> The AMA has sent me a C&D letter (received the certified copy in the mail
> today) telling me I have to remove an animted GIF from my _private_ web
> site. Now I have to decide whether I want to buckle under to them or
> fight them on Fair Use/Parody grounds. The URL above has better and
> background.
It depends entirely on whether they are going to try and bust you
for Copyright infringment, or Trademark infringement. Copyright is
subject to the "Fair Use" series of defenses, however, there is no "Fair
Use" when it comes to Trademarks. (See, mom, listening to Negativland
*has* taught me something...)
That said, that they can make you take down the Gif is probably
undeniable (although why they are bothering with this is really beyond my
comprehension, one would indeed think that they would have more important
things to sue over than something which is obviously a work of humor) but
the rest of her demands are (at least seem) pretty out there. Maybe it's
just Lawyerspeak.
I don't know if this is what you *should* do, but if I got one of
these, I'd probably just gimp it so that it no longer said "American
Medical Association". maybe "American Mackeral Association". or
"American Medical Assholes". After all, if it doesn't say their name,
it's not their trademark, and the disclaimer in their trademark registry
doesn't bar the use of the caduceus except as shown in the mark registry.
Then again, I tend to get in a lot of trouble, so maybe following
my advice is a bad plan.
-gore
