Whether greeting card company Drape Creative Inc. unlawfully infringed on a trademarked phrase from a comedy video is one for a jury, the U.S. Court of Appeals for the Ninth Circuit said Nov. 20.
At issue are two phrases from Christopher Gordon’s viral youtube video The Crazy Nastyass Honey Badger: “Honey Badger Don’t Give a Sh-t” and “Honey Badger Don’t Care.” Gordon has a registered trademark and has created his own merchandise with the phrases.
The order revises the court’s July 30 decision, slightly revising reasoning but leading to the same result. The bulk of the changes appear in the ...