Thread: Beyond bogus
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Old 04-17-18 | 05:14 AM
  #36  
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WhyFi
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From: TC, MN

Bikes: R3 Disc, Haanjo

Originally Posted by kbarch
Reasonably, yes, but arguably not. Granted, reproducing the kit in its entirety for generally the same purpose (to be worn by cyclists) is absolutely not fair use of the design of the kit. However, the issue of fair use of the individual brand designs that happened to be on the original kit design is a separate question. Significantly, (with the exception of the maker's mark) it is not branding per se, but advertisement - no reasonable person would assume that the kit had anything to do with soap or coffee. Add to that the fact that there is no confusion about the kit's status as an in-authentic replica - that current use has entirely different meaning and is intended for a different audience/market (people who want a novelty costume rather than professional racers) - and it's not all so obvious after all. The A&S kit becomes something more like Wharhol's painting of Campbell's soup cans than the clearly unfair counterfeit Castelli that the same vendor also offers.
No, it's still very obvious. Also obvious is that you're willing to put yourself through a mental obstacle course in an effort to justify supporting counterfeiters. Buy the crappy kit and be done with it but stop pretending that you're occupying some decent moral grounds in doing so.
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