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In reply to the discussion: NSA, Homeland Security issue ‘cease and desist’ letters to novelty store owner [View all]Yo_Mama
(8,303 posts)or commentary. So presidentially sealed condoms sold under the brand name "Get fucked by the Chief Executive" might pass, because I doubt a credible claim of confusion could be made.
You could not if the presidential seal were private property. You could not if the condoms were marketed as the official presidential condoms in such a way that a reasonable person would believe that these were genuinely presidentially approved, issued or endorsed. Creating confusion as to whether the use is official is the key.
Even a privately owned mark may sometimes be used in satire, criticism or commentary if the owner is a public figure and the context is such that there is no confusion as to the purpose and message.
So, for example, if I had a business card printed up with my name or another name with the NSA seal such that a reasonable person could believe that the cardholder was indeed an agent of the NSA, that would be illegal misappropriation.
But if I had my name printed up with a seal and a clearly satirical job title such as "NSA, Director of Internal Security, with a large emblazoned motto "All your colonoscopy images belong to US". I think a court would hold that such use was entirely legal.
Thank you for the business idea.