Life’s Good for the Lawyers

Posted on September 5, 2007 by David Randall

The creators of the ubiquitous Life is Good clothing line–the Gen-X version of the WalMart smiley face –are targeting Life Sucks, the “ company” created by 17 year-old Weston, MA high-school student James Constantini. Steve Bailey reports on Page C7 in today’s Boston Globe that sent a cease-and-desist letter to Constantini for his company’s alleged infringement of the trademark. Constantini is standing his ground, claiming his mark is protected as a parody.

Constantini has the law on his side. The likelihood that consumers will be confused about the source of a product is the essence of a claim, and it’s hard to argue with a straight face that anyone will confuse a sardonic image with the dopey Life is Good smiley face. fits the legal definition of a parody because at the same time it make you think of the Life is Good mark, it pokes fun at it.

I’m partial to the Half Empty and Fire Hydrant shirts. Size L.

Bookmark/FavoritesEvernotePrintShare
This entry was posted in Trademark Law and tagged , , , . Bookmark the permalink.
  • Lifeisgood4everyone

    Someone please tell me how anyone can trademark a saying that has been used for, what is quite likely, decades????

    I understand a trademark that includes that stupid-looking character and the saying but there is something really wrong with this country if people can take ownership of our language this way.

  • Jcostantini

    David,

    Thanks for the support. Please send me an e-mail at James@lifesucksinc.com and I’ll send you the Fire Hydrant shirt. I would send you the Half Empty one, but its been taken down for LIG reasons.

    Thanks!
    James Costantini