The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Paul Alan Levy (Public Citizen) reports on the threat, and on his response. "No reasonable person is going to think that your client had any involvement in the creation of this image, or that it approves of this image in any way." (Sounds right to me.) And, "Trademark law aside, McCall's use of the image to comment on the President …, while playing on the name of a leading grocery store chain, is speech squarely protected by the First Amendment." (That too.) Read more in Levy's post.