X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
MasterCard International Inc. is forging ahead to stop Ralph Nader’s campaign from using a parody of MasterCard’s “Priceless” TV ads, despite losing the first round of copyright litigation. U.S. District Judge George Daniels in New York rebuffed MasterCard’s bid for a temporary restraining order barring Nader from using the ad. The parody highlights the influence of money on the political process and pushes for Nader’s inclusion in this year’s presidential debates. Instead of appealing Daniels’ Sept. 12 ruling, MasterCard will seek an expedited hearing on its preliminary- injunction motion to get the ad off the air, said Colm J. Dobbyn, MasterCard’s vice president and senior counsel. MasterCard v. Nader 2000 Primary Committee, No. 00-CV-6068. The company is seeking an Oct. 4 hearing, and MasterCard will “vigorously enforce our rights to our intellectual property in this award-winning advertising campaign,” Dobbin said. AIMED AT THE HEART MasterCard’s commercials focus on heart-warming moments, such as a child’s first trip to a baseball game. After listing the price of tickets, hot dogs and souvenirs, the spot notes that the costs pale in comparison to the “priceless” value of the experience. The Nader ad follows a nearly identical script: “Grilled tenderloin for fund-raiser: $1,000 a plate; campaign ads filled with half-truths: $10 million; promises to special interest groups: over $10 billion. Finding out the truth: priceless.” The ad is protected because it is political speech and doesn’t seek to sell a product, said Mark A. Lemley, a professor at the University of California’s Boalt Hall, who specializes in copyright law. He is representing Nader against MasterCard. Lemley said that “if Visa had run this ad, they’d be in trouble” and MasterCard would have legitimate grounds to claim that consumers could be confused by the parody. MasterCard is not being unduly sensitive to Nader’s spoof, insisted Dobbyn, noting that his company has sued such companies as Time-Warner Inc.’s HBO Network over other alleged infringements. A simple cease-and-desist letter normally does the trick, he said.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.