The Cola Corporation, which describes itself as being, "Started in 2019 with the simple goal of trolling MAGA," makes T-shirts, hoodies, and similar protest related apparel.
Among these sartorially exquisite products is a T-shirt which states, "F%$# the LAPD."
In response to this T-shirt, the LAPD Foundation sent a DMCA takedown letter, claiming violation of the copyright on the use of LAPD. (Yes there are some legal errors there, but I'll get to those)
Cola Corporation, contacted their counsel, Mike Dunford, who, perhaps taking taking a page from noted anti-Fascist fighter then Brigadier General Anthony Clement McAuliffe, responded, "LOL, no."
This has subsequently gone viral, and Cola has had their entire stock bought out during the past few days.
If this is not the Streisand Effect, it is certainly Streisand Effect adjacent.
For a slightly more in-depth response, and one that provides a bit mroe in the way of explanation, you can read this legal analysis, which additionally provides more information as to the nature of the legal errors made.
Short version:
- LAPD cannot be copyrighted, so a DMCA take-down request is wrong.
- If they were referring to trademark, there is no possibility of confusion, between LAPD and F%$# the LAPD, so that is moot as well.
- The law firm that sent the cease and desist letter specializes in IP law, and as such, had to have known that the request was not in accordance with the law, and as such why they, and their client should not be sued. (see 7 U.S.C. § 512(f))
- The use of IP law to interfere with criticism of a government agency is ruled out by the First Amendment.
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