It’s Pop Art.

The ONLY case that the makers of the candy specified in the article have is MAYBE that they are selling product out of it with certificates of authenticity that sort of imply some sort of official sanction by the company that owns the trademarks in question. If they have a legal case for anything, it MIGHT be to the profits made from said piece of pop art.

But, they have the money to throw at lawyers to bark at this couple and their store that make money for the affronted company with every sale they make. Every. Sale. All they sell is the product of this one company.

It would be like Ford Motor Company suing a dealership because they built the tallest “Bigfoot” monster truck for their museum of classic Ford automobiles, which drew in sales, continued to draw in sales, and cost the Ford Motor Company NOTHING… BUT, sold the Ford Motor Company’s product by its very existence.

Cutting off one’s carrot to spite one’s charcoal and frozen water particulate face…

http://www.mercurynews.com/topstories/ci_12812553?nclick_check=1

It’s sad. The museum/store in question needs a good lawyer; they can do a lot for their case by ceasing to sell product from the sculpture in question. Also, they might want to start calling it a “Larger than life sculpture of the worlds most famous dispenser of candy.”

Really, I can’t see what the candy company can do about the Guinness Record though. Ask them to remove the free advertisement from future publication of their book? The one currently being published in “English, Arabic, Portuguese, Chinese, Croatian, Czech, Danish, Dutch, Estonian, Finnish, French, German, Greek, Hebrew, Hungarian, Icelandic, Italian, Japanese, Latvian, Norwegian, Polish, Russian, Slovenian, Slovakian, Spanish, Swedish, Turkish and Bulgarian?”

At the old home of the Fear Koan this would have been tagged with something that sounded an awful lot like “Litigious Mallard Ducker.”