Horry Kow, Part Deux

It's back. "The" Kosuke Fukudome t-shirt. As a follow-up to our April 19th post on the t-shirt (shown above) being sold around Wrigleyville, word has come that the seller of the shirt says he's going to sue the Cubs over their attempts to block his selling of the shirt. Sue the Cubs? Really? On what basis?...apparently, based on the First Amendment.

The Cubs originally shut this guy down based on his use of an apparently trademarked image (the basic Cubs bear in the circle). The Cubs, if sued, will likely defend on this basis. And I think they'll prevail. I'm not sure what sort of First Amendment issue this guy things he could bring to overcome the fact that he's using someone else's protected intellectual property for financial gain. You can't exactly claim fair use here when he's altering the Cubs' trademark to an offensive-to-many image and then turning a buck on doing so. Fair use is more like our usage of the above picture (you know, if we weren't abusing someone's copyright rights by using the picture without permission and junk).

If I'm this guy's lawyer-I'm telling him to save his money. He ain't got a shot.

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