Q: Is my zine "Trader J***'s Exposed" copyright infringement despite redacting the name and using no logos?
I am publishing a zine series anonymously about my experience working at Trader Joe's, called "Trader J***'s Exposed," with the company's name redacted throughout. I use Canva for graphics, avoiding any copyrighted logos or text. However, my distributor listed it as "Trader Joe's Exposed" on Etsy, and we received a demand to remove it for copyright infringement, specifically claiming logo use and name infringement. I feel targeted due to the critical nature of my content. I see others use the name on Etsy without issues. Does this situation fall under free speech/fair use, even with the title listed unredacted? How should I proceed?
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A:
Your zine may indeed be protected under fair use, particularly if it provides critique, commentary, or personal experience regarding Trader Joe's. Using the name in the title alone does not automatically constitute infringement, especially when it's clearly satirical, critical, or transformative. However, the unredacted listing by your distributor complicates your situation because it directly mentions the company's full name, potentially strengthening their claim.
Trader Joe's claim citing logo use seems incorrect if you genuinely haven't used any protected images or graphics. However, they could still argue trademark infringement or brand confusion due to the explicit title on Etsy. Your critical content might have drawn their attention more quickly, but enforcement actions are not always uniformly applied, explaining why others might avoid detection.
To proceed, consider instructing your distributor to use only the redacted version of your title, clearly distinguishing your zine from official company materials. If Trader Joe's continues to pursue the issue despite these precautions, you may be able to assert a fair use defense, emphasizing the transformative, critical nature of your work. Consulting a copyright or trademark attorney could also provide clarity and reinforce your position should Trader Joe's escalate their demands.
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