Accepted Answer

Well, it does make a difference in what the message is. A message such as this will likely be considered political speech rather than commercial speech, and therefore has greater protections for it. You wouldn't be able to get the consent of the family or owner of the XXXXXXX XXXXXXX name for this shirt because of the negative connotation involved, but again, the point you are making is a political one, and as such that speech is going to be protected.

There are exceptions to trademark and copyright law, so long as it is used in a political, parody, commenting, etc... manner.

Bear in mind that this does not protect you from a lawsuit. But you have a very strong defense in that you are exercising your first amendment right to make a political statement and comment on current events in this manner. You might just get a cease and desist letter, but to that I would respond that you are exercising your first amendment rights and that you know that such political speech is protected. You can further go on and say that you are a troop that is actively deployed with the military (that gives you further protection from lawsuit anyway) and you have more standing to rest on such a first amendment free speech claim.

So I certainly think that you have the right to make and sell this t-shirt without fear of an infringement action.

Good luck to you, and thank you for your service to our country.

Expert:	ScottyMacEsq
Pos. Feedback:	100.0 %
Accepts:
Answered:	7/8/2009

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