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[IP] Abusing the Trademark Laws to Suppress Free Speech





Begin forwarded message:

From: Paul Levy <plevy@xxxxxxxxxxx>
Date: October 24, 2006 2:25:57 PM EDT
To: dave@xxxxxxxxxx
Subject: Abusing the Trademark Laws to Suppress Free Speech

Somehow we have got to find a way to give trademark lawyers more of a disincentive to trying to suppress free speech by the simple method of sending threatening letters. We are thinking of creating a “trademark hall of shame” featuring lawyers who engage in such abuses.

A small environmental group in Texas with the cute name of “Downwinders at Risk” created a large styrofoam effigy of Texas Governor Rick Perry kissing a dirty smokestack that emblazoned with logos of several Texas polluters. (A photo of the effigy can be seen on the web site of the Dallas Morning News, at http:// www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DN- perryfloat_24tex.ART.State.Edition1.3e68694.html.) After the effigy was displayed outside a gubernatorial campaign debate, one of the polluters, TXU, threatened to sue for trademark infringement and dilution unless DAR removes its logo from the effigy.

We have explained to the lawyer who signed this threat that citizens ARE allowed to use logos to depict companies they want to criticize, and that in any event the trademark laws don’t apply given the completely noncommercial use and the utter impossibility that anyone would be confused into thinking that TXU sponsors DAR’s message. His response was to tell me that he would “look forward to meeting [me] personally” * I assume this was the equivalent of, “I’ll see you in Court.” I have my doubts.

Copies of the relevant correspondence can be found at the end of this release.

Paul Alan Levy
Public Citizen Litigation Group
1600 - 20th Street, N.W.
Washington, D.C. 20009
(202) 588-1000
http://www.citizen.org/litigation
Robert Yule 10/24/06 1:48 PM >>>
PUBLIC CITIZEN PRESS RELEASE

For Immediate Release:        Contact:  Paul Alan Levy (202) 588-1000
Oct. 24, 2006                                 Robert Yule (202) 588-7703

Public Citizen Defends Environmental Nonprofit from Texas Energy Company’s Trademark Lawsuit Threat

Downwinders at Risk Challenges TXU’s Use of Trademark Infringement to Stifle Political Free Speech

WASHINGTON, D.C. - In a letter sent today to TXU Corp., Public Citizen defended the free speech rights of a Texas environmental nonprofit organization against trademark infringement lawsuit threats by the energy giant.

TXU objected to the group Downwinders at Risk’s use of the TXU logo, along with the logos of other pollution-causing corporations, on a float depicting Gov. Rick Perry kissing a dirty smokestack. The float was part of a protest to represent the close political and financial relationship between the governor’s office and the energy industry. TXU threatened to sue the organization for trademark infringement and dilution unless it removes the logo from its float and any published materials.

To prove trademark infringement, companies must show that use of their logo was commercial in nature and caused consumer confusion. In this case, the logo was part of a political protest by a nonprofit organization not involved in commercial activities and clearly not affiliated with the company it criticized.
        
“TXU’s claim that this grassroots group must ask the company for permission to depict and criticize it is patently absurd,” said Paul Levy, an attorney for Public Citizen defending Downwinders at Risk. “The company’s real motive is to use the threat of costly and intimidating lawsuits to stifle the political participation and free speech of citizens who are legitimately concerned about the effects of TXU-caused pollution.”

Downwinders’ float, titled “Rick Perry’s Smoke Stack Love World Tour,” will continue to appear at Perry campaign events beginning Wednesday, Oct. 25 in Dallas.

Public Citizen has a strong record of defending the First Amendment rights of ordinary citizens against trademark threats made by large corporations. Dallas civil liberties litigator Michael Linz serves as co-counsel for Downwinders at Risk.

To read TXU’s demand letter, visit http://www.citizen.org/documents/ txudemandletter.pdf. To read Downwinders’ response, visit http://www.citizen.org/documents/ darlettertotxu.pdf, and to view Public Citizen’s response, visit http://www.citizen.org/documents/responsetotxu.pdf.

###

Public Citizen is a national, nonprofit consumer advocacy organization based in Washington, D.C. For more information, please visit www.citizen.org.




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