Kotaku: ESA apologizes for C&D, no fruit baskets…
It’s been a couple of weeks since we last heard from Kotaku and the “Yo Momma” shirt incident that put them in the legal cross-hairs of the ESA, and we were beginning to wonder where this ended up. For those not in the know, here’s a brief summary:
Kotaku had posted editorial about a shirt which was a parody of the ESRB rectangle (The one that parents seem to have problems reading), and read “Your Mom: Rated “E” for everyone.” A lot of bloggers found the spoof funny.
ESA didn’t, and they sent Kotaku a C&D order on talking about the said shirt. Kotaku stuck to their guns, and invoked the 1st amendment of the constitution, saying that ESA had no right to clamp down on their editorial rights – they weren’t advertising the shirt in the first place.
Fast forward to yesterday, and Next up: Let us know if anybody finds a Jack Thompson shirt, preferably non-obscene.
Below is a copy of the letter sent to Kotaku, for your reading pleasure.
The ESRB Rating Icons are valuable trademarks of ESA, and we must be vigilant in protecting them against unauthorized commercial uses, lest our trademark rights become diluted. At the same time, we also understand and respect the First Amendment rights of those who, like Kotaku, disseminate news and information.
That said, we have taken a second look at this incident in light of the concerns you raised. We have concluded that Kotaku was reporting on a product in the marketplace, and is not involved in distributing or marketing this product, and thus did not engage in any conduct sufficient to trigger the issuance of the cease and desist letter we sent. Please accept our apologies, and please feel free to post this so your readers are aware of it. I am happy to discuss this with you further if you so desire.
Sincerely,
Gail Markels
Senior Vice President and General Counsel
Via Kotaku
It’s been a couple of weeks since we last heard from Kotaku and the “Yo Momma” shirt incident that put them in the legal cross-hairs of the ESA, and we were beginning to wonder where this ended up. For those not in the know, here’s a brief summary:
Kotaku had posted editorial about a shirt which was a parody of the ESRB rectangle (The one that parents seem to have problems reading), and read “Your Mom: Rated “E” for everyone.” A lot of bloggers found the spoof funny.
ESA didn’t, and they sent Kotaku a C&D order on talking about the said shirt. Kotaku stuck to their guns, and invoked the 1st amendment of the constitution, saying that ESA had no right to clamp down on their editorial rights – they weren’t advertising the shirt in the first place.
Fast forward to yesterday, and Next up: Let us know if anybody finds a Jack Thompson shirt, preferably non-obscene.
Below is a copy of the letter sent to Kotaku, for your reading pleasure.
The ESRB Rating Icons are valuable trademarks of ESA, and we must be vigilant in protecting them against unauthorized commercial uses, lest our trademark rights become diluted. At the same time, we also understand and respect the First Amendment rights of those who, like Kotaku, disseminate news and information.
That said, we have taken a second look at this incident in light of the concerns you raised. We have concluded that Kotaku was reporting on a product in the marketplace, and is not involved in distributing or marketing this product, and thus did not engage in any conduct sufficient to trigger the issuance of the cease and desist letter we sent. Please accept our apologies, and please feel free to post this so your readers are aware of it. I am happy to discuss this with you further if you so desire.
Sincerely,
Gail Markels
Senior Vice President and General Counsel
Via Kotaku
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