You don't wanna mess with Big Pork. When the Pickton case hit the headlines (the pig farmer who was ... well, I'll spare you the details but it was a serial killer case and he gave his friends packs of ground meat for Christmas) my friend was hired by the pork marketing board. Sales of pork had dropped by half once the news hit. His job was to make people feel better about eating pork again.
Not an easy job, as you can imagine. But with a budget running to the millions, he seems to have done a fair job. I mean, what can you say? "All the pigs that ate those bodies have long since been sold and consumed, SO NO WORRIES!!!"? #ceaseanddesist
I am in receipt of your letter and, in response, request particularization of the charges contained therein.
We believe that that the above slogan is covered under the "fair use" exception as it is very clearly a parody of your client's slogan. Specifically, it references a 1980's situation-comedy called "Alf". The titular character, Alf (which is an acronym for Alien Life Form) hales from a planet where cats are considered a delicacy. There is a continuing joke on this sit-com whereby Alf constantly tries to find a way to capture - and subsequently ingest - cats.
This show was reasonably well received and watched by a substantial portion of those Americans who would fall within the sociological category of "Generation X". It was met with such commercial success that it spawned an animated spinoff which was aired on Saturday mornings and aimed at younger audiences. I refer you to The Wikipedia for further information on "Alf".
Please explain how the use of your client's slogan for clear parody purposes, referencing a beloved 1980's popular culture icon can cause confusion.
Is it the National Pork Board's position that pork products are indistinguishable from catmeat?
Does the National Pork Board or any of its member companies have any ongoing research or upcoming research into preparing pork-type products from cats?
Is it the position of the National Pork Board that its products are in competition with catmeat for taste and nutritional value?
How much money has the National Pork Board or its member companies spent on anti-catmeat advertising, lobbying, or research & development?
Has the National Pork Board or any of its member companies investigated, recorded, compiled, or otherwise published any recipes for the preparation of catmeat?
Does the National Pork Board or any of its member companies market or cause to be marketed catmeat to be sold as a pork-type product?
In which countries, regions, or other geographic areas does the National Pork Board or any of its member companies sell or plan to sell catmeat as a pork-type product?
In which countries, regions, or other geographic areas does the National Pork Board or any of its member companies harvest or plan to harvest catmeat for sale as a pork-type product?
How much revenue does the National Pork Board or any of its member companies derive from the sale of catmeat as a pork-type product?
I await your reply. Thank you for your time and cooperation.
@OMG! Ponies!: You win at life. However, I think cats deserve their own word for describing their meat. Allow me to propose "fenison," a delightful transposition of "feline" and "venison," which was always my favorite descriptor for an "animal that is now meat." #ceaseanddesist
um... have they ever heard of parody? This is a parody use of the TM " the other white meat." The Alf shirt is meant to evoke the Pork slogan, but at the same time, by adding the word "cat" instead of "pork" it clearly differentiates between the two marks. Therefore, there is no issue of consumer confusion.
While a parody does intend to make a connection to the famous mark, a good parody also makes sure that it distinguishes itself from the famous mark.
Well, when a movement is dependent on perpetually stoned artists and audience members, things are bound to be a bit rocky. As in: Everyone loved Arrested Development but apparently couldn't be bothered to actually watch it every week. #jaredhess
First, was it really a surprise that Conchords got cancelled? I mean, at the end of the season they were back in New Zealand. I thought they had decided to stop THEN.
Second, did you see Nacho Libre? It wasn't exactly the best use of Jack Black that I've ever seen or anything.
True, the trailers look pretty funny for this movie, but they also look pretty insane as well. Maybe if Napoleon Dynamite (a movie that only got a national release after huge showings at limited releases) would have been followed up by a killer movie then the Hess's could have a national release granted, but it wasn't a great follow-up in Nacho Libre. I can see why dismal showings in NY and LA lead to a cancel of national release.
Oh and one more thing...hell with you sir, I don't live in NY or LA, I live in MO, and have lived in TX and IL, we know what quirk is, but we also understand that a movie studio isn't going to fork over the huge amount of money it takes to roll out a nationwide release of a movie that is showing very little promise in the areas where it should do the best. #jaredhess
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11/12/09
Not an easy job, as you can imagine. But with a budget running to the millions, he seems to have done a fair job. I mean, what can you say? "All the pigs that ate those bodies have long since been sold and consumed, SO NO WORRIES!!!"? #ceaseanddesist
11/12/09
on a loosely related note: did anyone else find scenes of ALF running across the living room terrifying? #ceaseanddesist
11/12/09
Dear Ms. Collins:
I am in receipt of your letter and, in response, request particularization of the charges contained therein.
We believe that that the above slogan is covered under the "fair use" exception as it is very clearly a parody of your client's slogan. Specifically, it references a 1980's situation-comedy called "Alf". The titular character, Alf (which is an acronym for Alien Life Form) hales from a planet where cats are considered a delicacy. There is a continuing joke on this sit-com whereby Alf constantly tries to find a way to capture - and subsequently ingest - cats.
This show was reasonably well received and watched by a substantial portion of those Americans who would fall within the sociological category of "Generation X". It was met with such commercial success that it spawned an animated spinoff which was aired on Saturday mornings and aimed at younger audiences. I refer you to The Wikipedia for further information on "Alf".
Please explain how the use of your client's slogan for clear parody purposes, referencing a beloved 1980's popular culture icon can cause confusion.
Is it the National Pork Board's position that pork products are indistinguishable from catmeat?
Does the National Pork Board or any of its member companies have any ongoing research or upcoming research into preparing pork-type products from cats?
Is it the position of the National Pork Board that its products are in competition with catmeat for taste and nutritional value?
How much money has the National Pork Board or its member companies spent on anti-catmeat advertising, lobbying, or research & development?
Has the National Pork Board or any of its member companies investigated, recorded, compiled, or otherwise published any recipes for the preparation of catmeat?
Does the National Pork Board or any of its member companies market or cause to be marketed catmeat to be sold as a pork-type product?
In which countries, regions, or other geographic areas does the National Pork Board or any of its member companies sell or plan to sell catmeat as a pork-type product?
In which countries, regions, or other geographic areas does the National Pork Board or any of its member companies harvest or plan to harvest catmeat for sale as a pork-type product?
How much revenue does the National Pork Board or any of its member companies derive from the sale of catmeat as a pork-type product?
I await your reply. Thank you for your time and cooperation.
Very truly yours,
OMG! Ponies!
11/12/09
11/12/09
While a parody does intend to make a connection to the famous mark, a good parody also makes sure that it distinguishes itself from the famous mark.
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Aww... who am I kidding? I can't stay mad at bacon. #ceaseanddesist
11/05/09
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Second, did you see Nacho Libre? It wasn't exactly the best use of Jack Black that I've ever seen or anything.
True, the trailers look pretty funny for this movie, but they also look pretty insane as well. Maybe if Napoleon Dynamite (a movie that only got a national release after huge showings at limited releases) would have been followed up by a killer movie then the Hess's could have a national release granted, but it wasn't a great follow-up in Nacho Libre. I can see why dismal showings in NY and LA lead to a cancel of national release.
Oh and one more thing...hell with you sir, I don't live in NY or LA, I live in MO, and have lived in TX and IL, we know what quirk is, but we also understand that a movie studio isn't going to fork over the huge amount of money it takes to roll out a nationwide release of a movie that is showing very little promise in the areas where it should do the best. #jaredhess
11/05/09
Nacho libre was hilarious.
i mean come on. "I was wondering if you would like to join me in my quarters this night... for some toast." #jaredhess
11/05/09