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Federal judge refuses to block 'Priceless' parody ads

By The Associated Press

09.14.00

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Ralph Nader

NEW YORK — Ralph Nader has learned that justice can be priceless.

A federal judge has rejected an effort by MasterCard to stop the presidential candidate's parody of its "Priceless" ad campaign.

U.S. District Judge George B. Daniels said Sept. 12 that MasterCard failed to prove irreparable harm and thus did not qualify for a temporary order to block the ad campaign before the full evidence could be heard in the case.

MasterCard's lawyers had argued that Nader's television ads infringed on the company's trademark and copyright for its "Priceless" ad campaign.

The MasterCard ads typically show a sequence of goods or services and their values followed by an intangible — such as "a day when all you have to do is breathe," followed by the word "priceless."

The Nader ads highlighting the need for campaign-finance reform say: "Grilled tenderloin for fundraiser, $1,000 a plate; Campaign ads filled with half-truths, $10 million; Promises to special interest groups, over $10 billion; Finding out the truth, priceless. There are some things money can't buy."

Daniels rejected an argument by MasterCard lawyer Russell H. Falconer that viewers might believe MasterCard was making a political endorsement.

Anthony L. Fletcher, Nader's lawyer, said the Nader campaign's "right to express themselves in any manner trumps the rights of corporations not to be made fun of."

"Unless I completely misread the First Amendment, we are talking about the highest form of protected speech," Fletcher said.

Previous

MasterCard to Nader: 'Priceless' campaign ads could prove costly
Consumer advocate tells company to 'lighten up' after it sues him for parodying its highly successful advertisements.  08.18.00

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