Shepard Fairey, You Can't Own the Word "OBEY"

I'll be blunt: Shepard Fairey is a hypocrite.

He is suing a Pittsburgh man named Werner for an image called "Obey Steelerbaby". Fairey's attorney states that they are "trying to protect our trademark."

The problem, though, is that the two images aren't even close and it's a heavily-flawed argument. The word "Obey" has been in existence forever and Fairey didn't invent it. Pepsi, Coca-Cola, FYE, Metallica... these are brands that can demand attention and payment over the use of their name. On the flip side, yes, there are companies with generic names: Gap, Monk, Capitol Records, Spawn, Iron Maiden. The list goes on.

In the end, you can't complain about having claim to a trademark unless you actually have someone literally ripping you off. For example, I could draw a picture of a hot chick dressed in all metal and call her an Iron Maiden, and the band couldn't sue. Why? Because I'm not using their logo, I'm not using any of their icons: It's a completely independent piece I did on my own. If someone thinks it belongs to the band, then they don't know Maiden. If I draw a Monk, NBC Universal couldn't sue me because it isn't their same Adrian Monk from the his show MONK.

In this case, the entire "OBEY" trademark hinges on one thing: The font. The font used for the OBEY image seems to be (educated guess) Futura Xlb Italic. If they used that font, or something incredibly similar, then yes, you have trademark infringement. If it was a closeup of the baby's face with the word "OBEY", maybe, MAYBE he has a case. The reason it's maybe is because it could be taken as a parody.

It's just insane, and I feel sorry for the guy for stopping, and I'm glad this story is getting some legs.