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Welcor:
And what we're discussing here is 5 times as much as the two words in the case I cited :)
I agree with much of your determination on the individual points. I think that the phrase is distinctive enough to be protected in the context it's used here, though it doesn't identify characters or much plot by the literal words.
I also dispute the idea that you can predict de minimis results with any accuracy by looking at most precedents. If you have to ask, it seems like you might well be found to have infringed.
I wonder:
Do you think it would be an acceptable use for an ice cream parlor to market their biggest tub-o-goodness with the slogan "Not with ten thousand men could you survive the Apocalypsundae. It is folly!"?
If it is acceptable, why don't we see more marketing by big corporations using cultural icons/quotes from Tolkien, Star Wars, etc.
I think you and I have reached the point of respectful disagreement. KaVir might still have his sword out, though ;)
Stilton
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