The ORGVSM f*ck tee is very explicit, and against many powerful luxury brands. One would think this was commercial disparagement (and perhaps other crimes besides, such as using the brand-name of other companies without permission in a commercial product) and they would end up with a whole bunch of lawsuits, but I can't find any evidence they did. Can anyone make, for example, "F*ck Gucci" t-shirts?
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3Could be illegal somewhere in the world. Which part of it are you asking about?– GreendrakeOct 11, 2020 at 10:11
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3According to your link, one of the necessary elements of commercial disparagement (which is a tort, not a crime) is the making of a false statement. "F--- Gucci" is hardly even a statement. And if it is, it doesn't really state anything beyond "I don't like Gucci", and how can that be proven false?– Nate EldredgeOct 11, 2020 at 16:08
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1@Greendrake Hong Kong– Johan88Oct 12, 2020 at 10:24
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1Given the transitional state of Hong Kong's political and legal system as mainland China asserts more control over this formerly fully autonomous region, I think it would be very hard to accurately predict how this would be handled in the local legal system at the moment. I doubt these big brands would try to get embroiled in a petty fight like this right now in HK, but all manner of non-legal considerations could intrude.– ohwillekeOct 13, 2020 at 4:10
1 Answer
"Commercial disparagement" is about statements that a person makes, knowing that they are false. The words on the T-shirt are neither true nor false. The T-shirt might be illegal in Singapore because of the word "fuck". In the US, it is totally protected by the First Amendment.
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Thank you. So there's nothing else illegal about this (beyond foul language which may be illegal in certain jurisdictions) and we can all do it?– Johan88Oct 12, 2020 at 10:24
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@Johan88 The analysis would be correct under common law. In China it might be prosecutable as expressing a view contrary to the Communist Party Line which might be punishable now in HK. Oct 13, 2020 at 21:53
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@ohwilleke What's the connection between the CCP and offending luxury brands?– Johan88Oct 14, 2020 at 10:24
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@Johan88 The CCP is paranoid about and censors all manner of things for reasons you need to be a specialists up to date with the latest party line that can change rapidly. One day dishonoring our valued trade partner is a serious offense because it shows lack of trust in CCP judgment, the next, capitalism is evil, and the offensive part of the shirt is the line that says "I probably wear this t-shirt with one of these brands" that shows that you are insincere in your commitment to CCP ideals. Don't screw with the CCP and know its current up to the minute concerns before taking bold actions. Oct 14, 2020 at 21:06