Wednesday, August 1, 2018
Honey Badger may not care, but the ‘creative genius’ who took him viral just won a big victory; The Washington Post, August 1, 2018
Antonia Farzan, The Washington Post; Honey Badger may not care, but the ‘creative genius’ who took him viral just won a big victory
"In June 2015, Gordon filed a lawsuit alleging trademark infringement. The U.S. District Court for the Central District of California granted summary judgment to the greeting card company, saying that the cards were expressive works protected by the First Amendment. Gordon appealed.
On Monday, the appeals court reversed the lower court’s decision, allowing his lawsuit to continue.
In an opinion published Monday, the three-judge panel said that Gordon’s lawsuit against Drape Creative, Inc. and Papyrus-Recycled Greetings, Inc. presents a question that should be tried before a jury: Did the greeting cards add any artistic value that would be protected by the First Amendment, or did they simply appropriate the goodwill associated with Gordon’s trademark?"