Via Michael Scott, we learn about how the American Federation of Teachers (AFT) tried to shut down a blog critical of the group using a trademark claim. While the AFT eventually backed down, after pretty much everyone made it clear that it had no chance to win a trademark claim against a site that was clearly criticizing it, Ron Coleman makes the point that trademark is the “tort of choice for censors.” I’d suggest that copyright isn’t far behind, but it’s really amazing how often trademark holders try to use trademark claims to censor any kind of speech they dislike about their mark. And even if the trademark claim has no chance of winning, it often doesn’t matter to those who simply can’t afford the time or the money to fight such claims.
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