A bakery in Conway NH is suing the town after being told their mural violates advertising signage laws. It seems the sign just has pastries and doesn’t otherwise advertise the business, so they’re calling it art and arguing it should stay. The town disagrees so they’re going to court over it.
The bakery is suing the town for $1, and permission to keep the kids mural up.
This is a small business fighting to keep kids art on display. Suing for $1 is a way to signal that are willing to do this at a financial loss, and that the display isn’t a means of enriching themselves but rather their community.
As long as it does not contain a trademark, or that trademark is of a fictional character who is not themselves advertising a physical product, IMO it is in fact art. The moment you say they’re Doritos specifically (and put the signage in a public space) or another such brand (Tostitos, Aribas, you get the idea) it’s advertising by that specificity.
This, however, is clearly “generic” homemade donuts. The brand of the store is on the lower part but what trademark does the upper section feature? If the rays of sunshine were painted around the sign, or the kids painted it as a goodwill volunteer effort, I don’t think the town can justify removing it except in a “there’s a rule” way, and honestly? For something like this, screw the rules, we have the spirit of the law to consider.