IAC
On the other hand: won't somebody think of the dead culinary artists!?!?! All I can think of is former spies and Swedish Chefs. Oh, sorry about that Mikey. Bork, bork, bork ...
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"I'm a bit confused as to how acknowledging Child using a product equates to an endorsement of that product." Well . . . I mean, she may not be directly endorsing the product, but they are using her...
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Well, you can't copyright plain fact like the one where she actually used this brand of oven. And since she's not around to say yea or nay about it, why should anyone else be permitted to speak for...
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So there may be some level of endorsement there. Julia Child used this oven + people love Julia Child = hey, you should totes use this oven because you love Julia Child and SHE used this oven! Yes -...
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I agree 100% (not that it matters if I do or not). If they're not saying that she loved it or she recommends it, just that she used it, I don't see how anyone can stop them (as long as it's true). It's...
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I actually prefer this passive "endorsement" of the company just saying who used it's product rather than the company paying the celebrity to endorse the product. Not that either affects my decision of...
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It's a twisted world we live in when telling the truth gets you in trouble but lying for money considered a good career.
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They are seeking an injuction and the always ambiguous unspecified monetary damages. I'd love to hear them explain how this use of Child's image monetarily damaged them. Did they have a competing oven...
View ArticleObvious - use a disclaimer AS advertising
Seems like they could just say in their ad, "Ms. Child never agreed to endorse our products. She just used them, which is even better." HM
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"Child, who died in 2004, had a Thermador oven in her Cambridge kitchen. It's now displayed at the Smithsonian National Museum of American History in Washington." Can you imagine buying the former...
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The crux of the issue from the foundation appears to be that they think BSH's material implies an endorsement by Child, despite the chef being historically reluctant to endorse products in general. I'm...
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Any advice for those who told the truth and found themselves in trouble? Is there ever a way to move on with their lives and make their mother's proud or are such people already doomed without any...
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If it's an image of her with one of these stoves being contested, I wonder if the manufacturer was asked permission for the stove's likeness to be used to sell Ms. Childs' book or show.
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No one should be able to force them to not use it. The tackiness of this however, should mean that they would know better than to use "a fact" as a pseudo endorsement, especially from someone who, in...
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Screw that, did anyone think to ask the camera manufacturer whether they wished the product of their patented equipment to be used to promote businesses of any kind without paying them a royalty.
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"If it's an image of her with one of these stoves being contested, I wonder if the manufacturer was asked permission for the stove's likeness to be used to sell Ms. Childs' book or show." I think you...
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"I'm curious, Tim. What makes you qualified to write about celebrity endorsement cases? Have you even spent five minutes learning and understanding the applicable law? Was there ever any chance that...
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What about if we think about this from a privacy perspective? Was the use of this product ever made public? How was the knowledge of this use acquired, from a public source? Do you want people knowing...
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The complaint is now available on archive: http://ia701202.us.archive.org/33/items/gov.uscourts.cacd.541120/gov.uscourts.cacd.541120.1.0.pdf The key is that they weren't just stating the fact that...
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What Tim did was take maybe 50% of applicable law, the part he likes, and ignored the rest of the law. You give him far too much credit. I don't think he even made any effort to look at or understand...
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Yes, because that is TOTALLY indecent. I don't know why, but it's totally indecent!! Damn pervy oven maker Childs pornographerz!!!
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Well, there's this: "Child, who died in 2004, had a Thermador oven in her Cambridge kitchen. It's now displayed at the Smithsonian National Museum of American History in Washington." Which is maybe...
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Dear average_joe, I represent the Anonymous Coward Kindly Quit Pretending You're Me to Agree with Yourself Foundation. It has come to the attention of ACK QUIPY MAWYF that you may have used the name...
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This is the conundrum of my life. I see the emperor has no clothes. I know many other people see that he has no clothes. But there are systemic incentives in place to pretend that the emperor is fully...
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It's just a general privacy/philosophical question to consider, not necessarily relating just to this case.
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An empty kitchen...that was Julia Childs' workspace. They would get in trouble for saying so? They should wipe her factual use of their stoves out of a shared history...for what good reason? I honestly...
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"By using the Julia Child name and image on their website, brochures, social media, advertising, etc., Thermador gave the false impression that Julia Child and/or her Foundation endorsed the Thermador...
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If the facts of Child's use of the Thermador ovens was already widely publicized vis a vis, featured on her own television show and enshrined the Smithsonian, then the claim falls apart completely as...
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inst the fact that she used them more of an endorsement than actually endorsing them?
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Yeah I picked up on that, I just thought it bore pointing out that the question is really moot considering how intensely public all of the related facts are/have already been made so by Child herself.
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Well they do make an interesting point, actually, that it was important to Child to not be perceived as having commercially endorsed any product. It impacts the character and manner of her persona and...
View Articlewon't somebody think of the dead culinary artists!?!?!
...and how are they going to be incented to create new culinary masterpieces? No, wait, that's dead musicians, isn't it.
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> Her reaction was that she thought Julia Child was endorsing Thermador products. So your wife thought a dead person endorsed something? I think you need someone else for your "moron in a hurry" test.
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So your wife thought a dead person endorsed something? I think you need someone else for your "moron in a hurry" test. My wife is apparently more sophisticated than you and understands that since Child...
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This claim insults morons in a hurry everywhere. And the mention of "moron in a hurry" insults everyone who understands that "moron in a hurry" is not the test used to determine false endorsement (or...
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Both of you: Any man who polls his wife for the moron in a hurry test and posts about it online should probably feel perfectly qualified to answer the question himself. Just sayin :)
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"Have you spent five minutes learning and understanding the applicable law? 'I have. Clearly you and Tim have not.'" Yeah. So you answered the first question in that paragraph and the only one that I...
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Yeah. So you answered the first question in that paragraph and the only one that I had already assumed the correct answer to. Please enlighten me as to how the legality of the issue is the only aspect...
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Museum pieces are either donated or sold to the museum. There's not some strange Smithsonian eminent domain over famous stuff.
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If I am using it, I am endorsing it. That is why I don't shop at walmart. Nor do I listen to music or watch movies anymore. Nor do I pirate them. Boycott them completely or you are endorsing their...
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