Google vs. Utah: State takes flak for its attempts to police Web
Corynne McSherry is an attorney with the San Francisco-based Electronic Frontier Foundation (EFF)...
McSherry says Utah's new law poses a serious problem for the state, noting the EFF probably would support a lawsuit. Keying off a trademark to give consumers information about competitive products is fair use and protected under federal trademark law, she says.
"If it weren't, we wouldn't have the Pepsi Challenge, Apple wouldn't be able to make fun of Microsoft on national television every night, and Burger King wouldn't be able to put up a billboard next to a McDonald's," McSherry says.
"If I were a Utah taxpayer, I would wonder why my representative wanted to vote for a bill that hurts me as a consumer and one the state's own counsel said is unconstitutional."