the law of unintended results

In a recent decision, the U.S. District Court for the Northern District of Georgia in Atlanta rejected Wal-Mart's claim of trademark infringement again an online critic of the company. The court found that Charles Smith’s parody Web sites (www.walocaust.com and www.walqaeda.com) and related merchandise sold through CafePress were protected speech and that a reasonable person would not confuse their use with Wal-Mart’s legitimate trademarks. The court also rejected Wal-Mart’s claim that it has trademark rights in the “smiley-face” that Smith used in one of his parodies. I wonder what the fall-out will be from that portion of the decision?

Read the history of the case.