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G_j

(40,367 posts)
Mon May 14, 2012, 01:15 PM May 2012

Stop the sale of Trayvon shooting targets

http://campaigns.dailykos.com/p/dia/action/public/?action_KEY=144

Stop the sale of Trayvon shooting targets

The silhouette on the paper target is faceless. But the hoodie, the Skittles and the iced tea leave nothing to the imagination. This is meant to be Travyon Martin, the unarmed 17-year-old shot to death in February in Sanford, Florida.

Skittles brand candy is clearly depicted in the targets. The Wm. Wrigley Jr. Company, a division of Mars Inc., produces and markets Skittles. They could stop the sale of these targets by taking legal action against the Hiller Armament Company, which sells the targets online.

Stop the sale of these targets by signing our petition to The Wm. Wrigley Jr. Company and Mars Inc.

To The Wm. Wrigley Jr. Company and Mars Inc.

We, the undersigned, urge you to take legal action the Hiller Armament Company for its unauthorized use of Skittles brand candy in a product sold by Hiller. The Skittles brand is clearly seen on the paper targets sold by Hiller intended to depict Travyon Martin, the unarmed 17-year-old shot to death in February in Sanford, Florida.

Please take legal action to stop the sale of these items.

http://campaigns.dailykos.com/p/dia/action/public/?action_KEY=144
17 replies = new reply since forum marked as read
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Stop the sale of Trayvon shooting targets (Original Post) G_j May 2012 OP
Done. pacalo May 2012 #1
Stop the sale of Andy Warhol's Campbell Soup label painting jberryhill May 2012 #2
I looked up trademark infringement and you are correct I believe, G_j May 2012 #6
Highly questionable legally standing to do anything ProgressiveProfessor May 2012 #3
True enough . . . markpkessinger May 2012 #9
Not sure if that would work. ProgressiveProfessor May 2012 #12
Sometimes the threat of expensive litigation is enough to stop the practice n/t markpkessinger May 2012 #14
No, it is not trademark infringement. jberryhill May 2012 #16
Oh dear Lord. nt Tommy_Carcetti May 2012 #4
Trayvon target is an example of sick humor. You can't ban it. immoderate May 2012 #5
Sick humor that can lead to more deaths. I signed the petition. jwirr May 2012 #8
You can't ban bad taste . . . markpkessinger May 2012 #11
I believe Elvis has already left the building slackmaster May 2012 #7
Done Little Star May 2012 #10
As the saying goes... -..__... May 2012 #13
It seems that Susan Komen and Beef products, Inc run counter to your saying... LanternWaste May 2012 #15
One can only hope there is a special Rex May 2012 #17
 

jberryhill

(62,444 posts)
2. Stop the sale of Andy Warhol's Campbell Soup label painting
Mon May 14, 2012, 01:21 PM
May 2012

Wrigley's ownership of the trade dress and trademarks shown on a Skittles package does not empower them to enjoin the sale of items which make nominative use of that trade dress in a publication which is intended to refer to an event of newsworthy and political significance which involved a Skittles package.

You may have seen this flag at a variety of political protests:



Do you believe sale of that flag violates enforceable rights of the respective trademark owners?

Or is there some principle of law which applies only when you agree with the speaker?

G_j

(40,367 posts)
6. I looked up trademark infringement and you are correct I believe,
Mon May 14, 2012, 01:36 PM
May 2012

the only other legal route might be libel, but that doesn't seem to fit.

markpkessinger

(8,395 posts)
9. True enough . . .
Mon May 14, 2012, 01:44 PM
May 2012

. . . but what the petition seeks to do is to have Mars and Wrigly bring a trademark infringement case. And that could work.

ProgressiveProfessor

(22,144 posts)
12. Not sure if that would work.
Mon May 14, 2012, 01:52 PM
May 2012

Not a lot of their trade dress or service marks...not sure many would "get it" without the media coverage.

If it was less specific in its presentation, would it be any better?

 

jberryhill

(62,444 posts)
16. No, it is not trademark infringement.
Tue May 15, 2012, 01:52 AM
May 2012

The use of Skittles branding here is clearly not intended, nor understood by consumers, as an indication of source or origin of the goods.

It is understood that the use of the mark here is a decorative feature which depicts a fact connected with the subject of the published work.

 

immoderate

(20,885 posts)
5. Trayvon target is an example of sick humor. You can't ban it.
Mon May 14, 2012, 01:33 PM
May 2012

I would like to remind people that, "bad taste is timeless."

And I think this is something, up with which, we will have to put.

--imm

markpkessinger

(8,395 posts)
11. You can't ban bad taste . . .
Mon May 14, 2012, 01:45 PM
May 2012

. . . but you (or in this case, Wrigley and Mars) can bring a trademark infringement case.

 

slackmaster

(60,567 posts)
7. I believe Elvis has already left the building
Mon May 14, 2012, 01:42 PM
May 2012

You can't make him any more gone than he already is.

 

-..__...

(7,776 posts)
13. As the saying goes...
Mon May 14, 2012, 01:56 PM
May 2012

"there's no such thing as bad publicity".

If the guy was enjoying moderate sales before, desperate calls to action urged in the article/petition, will only serve to increase sales.

The Skittles brand is clearly seen on the paper targets


"Clearly" seen?

Look... maybe my eyesight isn't what it used to be, but from what I see, the word "Skit" is not "clearly" a barns name of any candy product that I'm aware of.

Besides... if it becomes that much of an issue, all the seller has to do is remove the offending text from the product, and continue to sell the targets with the revision.
 

LanternWaste

(37,748 posts)
15. It seems that Susan Komen and Beef products, Inc run counter to your saying...
Mon May 14, 2012, 03:23 PM
May 2012

"there's no such thing as bad publicity".

I believe that both Susan G Komen and Beef Products, Inc. (the maker of Pink Slime who recently closed three factories) seems to run counter your bumpers-sticker, regardless of re-branding efforts...

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