In the present case, the claims against Mr. Vaughan are straightforward: trademark infringement under the Lanham Act, Texas unfair competition, including right of publicity, palming off and misappropriation.

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Trademark protection of a fictional character provides the owner with the exclusive right to use the character in connection with goods and services, as well as the right to prevent the unauthorized use of the character in connection with goods and services of infringing third parties.

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The result is a procedure biased in favour of the trademark holder, which, Mr Froomkin argues, damages the consumer's right to use the Internet for purposes other than capitalism such as free speech, posting pictures of your children, or parody.

ECONOMIST: Domain names