Try some words on for size: "Fair Use Doctrine".
Oh, did I have the temerity to disagree with your perspective? Get used to it. And thanks for the usual belittlement...makes conversing with you such a pleasure.
I know what fair use is. I worked in radio and television for 20 years, managed on-air personnel to know what they could and could not do, and have attended more than a few seminars by actual living breathing lawyers on this topic (and others). No, I have not attended law school, but you don't need to pass the bar to know right from wrong (my "internet lawyer" credentials aside). This is not "quashing free speech" except in your little head.
OWS, OT, others are free to call their rag whatever they want and print whatever they want -- but they can't outright steal a trademarked name as their own. From your link:
The good news is that courts have consistently protected the public's right to use the trademarks of others in order to engage in criticism, commentary, news reporting and other forms of noncommercial expression. As long as what you're doing is really commentary, criticism, or reporting (etc.), and not a surreptitious attempt to sell goods or services, or to deceptively attract customers or readers you otherwise would not have had, you should be able to defeat a trademark claim brought against you.
You interpret that to mean they can use media trademarks all they want because they are engaging in commentary, criticism, or reporting. That's NOT what fair use is. Fair use is exactly what the protesters are doing by attaching corporate logos in the blue area of the American flag--they are doing that to comment and criticize about corporatism, not to unfairly appropriate and sell trademarked logos.
You can't twist it around to mean that you're covered in the media industry if you start a website called toledoblade2.com, thebladetoledo.com, toledotownblade.com, occupytoledoblade.com, or whatever name combination you can come up with. You are providing commentary and criticism, but so does the real toledoblade.com--it's their business! You are infringing on the area they have set out as their business and potentially causing harm. Once again, for an example, start an office supply company called "Office Mix" and see how far you get before Office Max comes down on you. You are infringing on their business-- _un_fairly.
Free speech is one thing. Fair use is another. You are wrong on both counts. And courts are very liberal in free speech issues; however, in this case, a newspaper has every right to defend its trademark against this improper use.
