More about HR 683's attack on free speech

[David Farber <dave () farber net>]

Begin forwarded message:

From: Paul Levy <plevy () citizen org>
Date: April 26, 2006 5:27:36 PM EDT
To: dave () farber net
Subject: More about HR 683's attack on free speech

I have written to you before about HR 683, the "Trademark Dilution  
Revision Act", which would restrict free speech by depriving those  
accused of trademark infringement of explicit defenses of  
noncommercial use, fair use and news reporting that are afforded by  
the current statute.  We have been trying for months to draw  the  
trademark owner associations who are behind this bill, to put their  
arguments on the public record, and we are finally making some  
progress -- it is remarkable how little they have to say.

This past Saturday, Editor & Publisher posted a column by Steven Yahn  
that explained the problems, which lies in a subtle change in  
introductory language to the three defenses.
http://www.editorandpublisher.com/eandp/columns/shoptalk_display.jsp? 
vnu_content_id=1002384406

The E&P colum has, at last, succeeded in drawing the sponsors out.  
Yesterday there were two letters from lawyers (who had apparently not  
read the bill closely enough), along with Yahn's reply that goes  
through the statutory and bill language in detail, http:// 
www.editorandpublisher.com/eandp/news/article_display.jsp? 
vnu_content_id=1002385861

Today there is a letter fron the bill's main private sector sponsor,  
the International Trademark Association, along with my response.
http://www.editorandpublisher.com/eandp/news/article_display.jsp? 
vnu_content_id=1002423272

Sadly absent  from INTA's arguments are any reasons why trademark  
owners need this particular change in the language of the Lanham Act,  
what legitimate interests have been harmed or would be harmed by the  
application of these defenses to infringement claims, and why INTA is  
so insistent in keeping this change that it sneaked into the bill  
without explaining it  (at least in public).

INTA has ducked these questions so far, but if it wants to change the  
law, it should tell us why.



Paul Alan Levy
Public Citizen Litigation Group
1600 - 20th Street, N.W.
Washington, D.C. 20009
(202) 588-1000
http://www.citizen.org/litigation



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