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Panexa

Panexa. Ask your doctor for a reason to take it.

No matter what you do or where you go, you’re always going to be yourself. And Panexa knows this. Your lifestyle is one of the biggest factors in choosing how to live. Why trust it to anything less? Panexa is proven to provide more medication to those who take it than any other comparable solution. Panexa is the right choice, the safe choice. The only choice.

Merd is the fictitious pharmaceutical company that markets Panexa paraphernalia for Stay Free! magazine. Recently they got into trouble with the copyright cops, who pulled Panexa merchandise from the online shelves of CafePress, alleging copyright and trademark infringement.

Apparently, one of the genuises in Cafepress’s police division thinks Panexa is an actual product and that we are infringing. I sent Cafepress an email about this and am awaiting a response. In the meantime, I found this notice on the company’s site:

Generally parody, like Fair Use, is a difficult and murky concept, even for experts, and you should consult with an attorney before using copyrighted or trademark material in connection with the CafePress.com service.

What I find galling is that Cafepress doesn’t even give you a chance to consult an attorney! The company makes an arbitrary decision on its own and then it’s up to you to argue them out of it. Grrrr.The parody is a good one, but it might have been even more clever if the company name, mocking Vioxx maker Merck, were Merch. Of course, there might have been real copyright concerns with using the Merch name to sell t-shirts and mugs, even in a parody of pharmaceutical advertising. Too clever by half.

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