2014/12/31 02:32:15
dubdisciple
What do you get when four weird guys combine their love of McDonalds and Metal?
Meet Macc Sabath:
 
http://musicfeeds.com.au/news/meet-this-mcdonalds-themed-black-sabbath-cover-band-mac-sabbath/
 
"Frying Pan" is kind of catchy
2014/12/31 03:18:49
Rain
You've got to wonder just how much the internet has contributed to lower the bar and inspired people to do weird things just to get their 15 seconds of fame.
 
I mean, back in the days, whatever it was that you were on would wear off and you'd come to your senses before you enact those crazy ideas we all get some times...
2014/12/31 03:47:34
dubdisciple
True.  It seems like the sort of thing you say aloud as a joke and then everybody sleeps it off. That Grimace is nightmare inducing.  Then Again, grimace was always kind of creepy.  What was Grimace?
2014/12/31 13:00:19
bapu
dubdisciple
What was Grimace?


The scum scraped off the griddle?
2014/12/31 19:28:54
slartabartfast
Whoa...
Now there is a fertile field for litigation over trademark infringement and damage to the brand. Hard to imagine that the McDonald's people will sit this one out.
2014/12/31 19:32:22
bapu
Slart,
 
Brief Fact Summary. After Hustler Magazine and Larry Flynt (Petitioners) published an advertisement, depicting Jerry Falwell (Respondent) as having his “first time” in an outhouse with his month, the reverend brought suit based on invasion of privacy, libel and intentional infliction of emotional distress.

Synopsis of Rule of Law. When an advertisement parodying a public figure depicts facts which no reasonable person could take as true, that figure cannot prevail under a theory of emotional distress.
 
=====================
 
Ok so this is not an advert but all the same I imagine (not being a lawyer or John Lennon) that the band would not lose to Mickey D.
2014/12/31 19:59:14
craigb
bapu
Slart,
 
Brief Fact Summary. After Hustler Magazine and Larry Flynt (Petitioners) published an advertisement, depicting Jerry Falwell (Respondent) as having his “first time” in an outhouse with his month, the reverend brought suit based on invasion of privacy, libel and intentional infliction of emotional distress.

Synopsis of Rule of Law. When an advertisement parodying a public figure depicts facts which no reasonable person could take as true, that figure cannot prevail under a theory of emotional distress.
 
=====================
 
Ok so this is not an advert but all the same I imagine (not being a lawyer or John Lennon) that the band would not lose to Mickey D.




But what if the parody IS true even if no reasonable person could take it as true?  What then?  Huh? Huh? 
2014/12/31 20:08:03
dubdisciple
I can't imagine any sane person thinking McDonalds is actually having their trademarked figures run around doing Sabbath parody songs.  As silly as this is, I am sure they are safe from litigation since it is clearly parody.
2014/12/31 20:51:57
slartabartfast
Parody is in theory a defense against trademark and copyright infringement, but it is one in which the burden is generally on the infringer, and it is never so clear as to be absolute. The costumes look enough like the cartoon characters, that a case could clearly be made for infringement of the design copyright through creation of a derivative work. It would be difficult to argue that a copy would constitute parody if it is hanging in a closet in the wardrobe department, even though it was intended to be worn in a parody performance.
 
Parody is much less useful in a defense against claims of tarnishment of the brand. McDonald's spends huge amounts of money presenting itself as a place suitable to bring children, and the characters being portrayed are specifically designed for that appeal. Many adults who do not find McDonald's menu objectionable might find the association with the devil's music injurious to that image, and many children (the targets of the whole hamburgler exercise) might actually be confused.
 
Libel is a different issue altogether.
 
In any event, I find it hard to believe that a band with so little going for it that it needs this gimmick is going to have the financial resources to fight a serious legal attack by a monster corporation's legal department. Their best hope is that McDonald's would avoid taking action to keep from raising the profile of the issue higher in the public view. To that extent, they remain safe only so long as no one notices them, which is not the goal of most commercial music enterprises.
 
http://www.lfiplaw.com/articles/trademark_parody.htm
 
2014/12/31 21:30:20
dubdisciple
I doubt McD's pursues them.   I am awarde that it is a common corporate tactic to simply wear these type of people out by outspending them into simply dropping their act.  I am also aware that McDonalds has chosen to skip legal action when it comes to parody and sometimes potentially libelous material due to fear of negative feedback for a company already fighting negative image issues. McD's has not used any of their characters for decades except Ronald and even he is rare. George Lucas is one of the few big names that made as habit of regularly threatening every minor parody his lawyers could track down and also had a habit of losing the cases that actually got to court. Bill Cosby is also notorious for bullying those attempting to parodying him and has been successful in making their lives so miserable they quit, so i see you point.
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