S73 PT#5: I'm Gonna Win The Cupyright
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JNH
Registered S35 Challenge Cup Champion || Still Drunk
My defence to micool's trademark claim against me telling people that I'm gonna win the cup would be the fact that it was obviously meant in jest and not to refer to his trademarked phrase. No one would have taken me seriously in saying that I was going to win the cup because everyone knows that my player is horrible at hockey. No team rostering Bergling could win the cup because it's impossible to overcome the net negative that results every time that he steps onto the ice. It was simply a parody.
When micool says he's going to win the cup - people take him seriously. He's a winner, has a proven track record of success and a solid basis for making that claim. When Bergling makes that claim, it's clear that he can't possibly serious. It's simply meant to get a rise out of the crowd. I'd like to note that I don't know if this is an actual defense to trademark infringement, but it's all true. - - |
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