The shirts designs show an image of the president-elect smoking
NEW YORK - A prominent cigarette paper maker with drug-culture cachet is accusing a T-shirt company of stealing its distinctive style for a design celebrating President-elect Barack Obama's victory.
Bambu Sales Inc. — a 244-year-old firm that proudly notes its products' inclusion in such films as "Totally Baked: A Pot-u-mentary" and the "Cheech and Chong" series — filed a federal trademark-infringement lawsuit Friday against Love Fatigues LLC. The suit says Love Fatigues copied the curvy script and beige-and-white striped background used on Bambu's packages and its own T-shirts.
Love Fatigues' shirts say "Obama" in Bambu-like type. Some feature a version of the Panama-hat-clad smoker found in some Bambu logos — but with Obama's face.
The design could "subject Bambu to criticism and scorn" if people take it to depict the future president smoking marijuana, the company wrote in a complaint filed in federal court in Manhattan.
Making matters worse, Bambu complained, Love Fatigues advertised its gear in a Bambu standby: High Times magazine.
Love Fatigues is "capitalizing on and profiting from Bambu's stellar reputation," the Westbury-based company complained.
But Love Fatigues owner and Obama supporter Seamus McGovern said the design is an artistic twist on a familiar symbol — not commercial copycatting.
www.lovefatigues.com Obama 'Presidential Papers' T-shirts come in four styles and sell for $22 at lovefatigues.com. The rolling paper company seeks to have the shirts destroyed. |
"I feel very confident I'm not in any copyright infringement" with the Bambu-related image, McGovern said in an interview. "They're coming out and just trying to stop a form of expression, the need for change."
He said the Obama shirts were inspired by the Bambu lettering — not by the Democrat's on-and-off cigarette smoking habit, which he has said he has tried to quit.
Bambu wants a judge to award it the T-shirts' profits, as well as unspecified damages. It also wants the T-shirts turned over to be destroyed.
Obama representatives did not immediately respond to an e-mail inquiry late Friday.
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It sure looks like copyright infringement to me.
Wack!
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