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Thread: Parents Sue Over Use of Slain Soldier's Name on Anti-War Shirts

  1. #21
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    [quote=Zombo;2501906]yes, they can. you can't use someone else to endorse something without their consent. in this case, it is endorsing an anti-war t-shirt and the family has the right to say no. by selling a t0shirt for profit and using dead soldiers name to make money, you are using them to endorse your product, which is a no no.[/quote]

    Zombo, you're simply flat wrong on the law.

    The name on the shirt doesn't imply any endorsement; no reasonable person seeing the shirt will think "wow, all these soldiers who died were anti-war" or "these names are of people who are anti-war"

    Look, I get the sentiment that the parents should have a right to control the use of their son's name, I do. But you need to study the law a little bit before you make pronouncements about what's legal and what isn't.

  2. #22
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    [QUOTE=doggin94it;2502533]Zombo, you're simply flat wrong on the law.

    The name on the shirt doesn't imply any endorsement; no reasonable person seeing the shirt will think "wow, all these soldiers who died were anti-war" or "these names are of people who are anti-war"

    Look, I get the sentiment that the parents should have a right to control the use of their son's name, I do. But you need to study the law a little bit before you make pronouncements about what's legal and what isn't.[/QUOTE]

    if it was so clear cut as you seem to think, would it not have been tossed out already?

  3. #23
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    [quote=Zombo;2502814]if it was so clear cut as you seem to think, would it not have been tossed out already?[/quote]

    The day it was filed? No. The TShirt people have to hire a lawyer and make a motion to dismiss, which takes time, and then the other side needs to oppose, which takes more time, then the TShirt folks get a reply, then oral argument is scheduled, then the Judge writes an opinion . . .

    To put it in perspective, I have motions I filed in January still sitting around today

  4. #24
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    What this amounts too is saying "these people died in the war." Now how is that possibly illegal? If its illegal to put their names on a shirt and sell it, is it illegal to put their names in a newspaper and sell it? Or a book? Some of you are being ridiculous. Frivolous lawsuit.

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