khzmusik
Well-known member
Being a former (unpopular) musician, I'm a bit of an IP wonk... and almost none of this is accurate.Being similar doesn't stand up in copyright courts. Ours is down turned, a different color and part of a sad face, and I imagine they have better things to do like we do. AFAIK you can even do a parody on something, call it Manazon if you felt like it, nothing they can do about it. Its intended to be funny, it's considered fair use.
This would not involve copyright law at all. It would involve trademark law. That's the one that doesn't come from the Constitution, has a "use-it-or-lose-it" provision (unlike copyrights or patents), and whose primary purpose is to avoid consumer confusion about a product's origin. Trademark fair use is very different, parody isn't even considered.
So, Amazon would have to take TFP to court to show that their use of the "arrow smile" had a good chance of causing the average consumer to be confused, and that the junk sledge was somehow coming from Amazon in real life.
Amazon would have a case if they sold branded video game assets, and argued that this was intended to falsely show that the junk sledge asset came from Amazon. Otherwise they'd have no case.
One thing is absolutely correct though: both TFP and Amazon have better things to do than worry about this.