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Old 07-30-2003, 02:08 PM   #47
Stilton
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Kylotan:
No, since the thread was getting nitpicky, I was acknowledging that _I_ have no evidence that the person who placed the ad was the person posting in this thread, or that he/you have anything to do with the people who placed it or authority to speak for them.

I'm not suggesting that _YOU_ have to prove anything :)

I respectfully disagree with your position that your ad can be construed as parody, for the reason I pointed out: the use seems the same, not a comedic distortion.

Topmudsites has run other ads that I think of as sketchy (like the ripoff of the Mastercard ads "X... $AX, Y....$AY, Z....Priceless") and there have been ads here and elsewhere that other people have thought sketchy that I didn't ("The #1 mud!"). As I've said, I'm perfectly willing to accept differences of opinion on "does THIS infringe?", vs "Is it possible for ANY (phrase, use of a character name, etc) to infringe?", which has a quite clear answer ("yes").

Your ad meeds many of the criteria for being benign (like it being hard to imagine the ad impairing the sales of LOTR), but isn't so safe on certain other grounds (it's an intentionally selected distinctive phrase intended to be recognized).

Stilton
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