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Letter to attorney for Aston Martin, Duran Ross - March 4, 2013

Letter to attorney for Aston Martin, Duran Ross - March 4, 2013

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Published by David S. Gingras
Letter to attorney for Aston Martin, Duran Ross - March 4, 2013
Letter to attorney for Aston Martin, Duran Ross - March 4, 2013

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Categories:Types, Business/Law
Published by: David S. Gingras on Mar 21, 2013
Copyright:Attribution Non-commercial

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07/06/2013

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GINGRAS LAW OFFICE, PLLCGINGRAS LAW OFFICE, PLLCGINGRAS LAW OFFICE, PLLCGINGRAS LAW OFFICE, PLLC
4025 E. Chandler Blvd., #70-A26, Phoenix, AZ 85048 ▪Tel: (480) 264-1400 Fax: (480) 248-3196
March 4, 2013VIA EMAIL ONLY:
Duran.Ross@lewissilkin.com
 Mr. Duran Ross, Trainee Solicitor
Lewis Silkin LLP
 
5 Chancery Lane, Clifford's InnLondon EC4A 1BLRe: Aston Martin
®
Pre-Owned Advertisement Parody
http://thedirty.com/2013/02/aston-martin-needs-to-rethink-their-ad-campaign/
 Mr. Ross,I am legal counsel to Dirty World, LLC which operateswww.thedirty.com.Your email dated earlier today has been forwarded to me for a response. As Iunderstand it, this matter concerns a post on my client's website which containsan advertisement for used (pre-owned) Aston Martin vehicles. This ad shows aprovocatively dressed young woman viewed from behind with one leg raised on acounter. The ad copy reads: "
You know you're not the first, but do you really care
?" A copy of the ad is shown below.
 
Mr. Duran RossMarch 4, 2013Page 2 of 3I appreciate your assertion that the ad violates your client’s intellectualproperty rights. Nevertheless, there is no basis for my client to remove theadvertisement. This is so because the ad is clearly a
 parody 
which is entitled tostrong protection under U.S. law.One of the most famous cases of a similar nature was
Hustler Magazine v.Falwell 
, 485 U.S. 46, 108 S.Ct. 876 (1988) which involved a “fake” advertisementfor Campari liqueur that appeared in
Hustler 
magazine. Although not relevant toour discussion, the ad also featured one of the most famous religious figures of the time—Reverend Jerry Falwell—and the ad copy stated that Rev. Falwellengaged in various immoral conduct including having sex with his own mother inan outhouse with a goat. A copy of the ad is shown below:

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