preventing repeal of tradedmark fair use protections

[David Farber <dave () farber net>]

Begin forwarded message:

From: Paul Levy <plevy () citizen org>
Date: May 5, 2006 10:26:34 AM EDT
To: dave () farber net
Subject: Preventing repeal of tradedmark fair use protections

The effort to stop Congress from repealing current express statutory  
protection for fair use and noncommercial use of trademarks against  
statutory infringement claims continues, with the bill poised to move  
forward in the House Judiciary Committee and toward final passage.   
In addition to the letter set forth below, we have issued a more  
detailed, "technical" legal analysis of trademark owners' defense of  
their having sneaked this language into HR 683 without having  
explained to anybody what they were doing.  http://www.citizen.org/ 
documents/ResponsetoAIPLAon43(a).pdf

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 05/05/06 10:03 AM >>>
PUBLIC CITIZEN PRESS RELEASE

For Immediate Release:   Contact: Robert Yule (202) 588-7703
May 5, 2006                             Paul Levy (202) 588-1000

Groups Urge Change to Trademark Bill to Protect Free Speech of  
Artists, Small Business Owners, Others

House Judiciary Committee to Reconsider Trademark Dilution Revision Act

WASHINGTON, D.C. - Several consumer, arts and public interest groups  
sent a letter Thursday to the House Judiciary Committee to express  
concern about a technical language change made by the Senate to the  
Trademark Dilution Revision Act (H.R. 683) that threatens to harm  
consumers, artists and small businesses. The change would have a  
chilling effect on free speech and artistic expression by making it  
more difficult to refer to big companies by mentioning their  
trademarks. The groups - the American Library Association, Public  
Citizen, the Electronic Frontier Foundation, the Authors Guild,  
Public Knowledge, the Society of Children's Book Writers &  
Illustrators, National Video Resources and Volunteer Lawyers for the  
Arts - suggested eliminating the change in order to protect people  
from being sued by big companies when they cite their trademarks. The  
bill was passed by the Senate and must now be reconsidered in the House.

Consumers and artists are currently protected from being sued for  
trademark infringement by companies if the use of the trademark is  
for fair use, news reporting/commentary or non-commercial use. The  
technical change in the bill by the Senate would eliminate these  
three important defenses against charges of trademark infringement.  
In one current case, Volkswagen of America is threatening to sue an  
Alabama artist, Donald Stewart, who drew an automobile in the shape  
of the classic VW "Bug" made out of insect parts. As passed by the  
Senate, the bill would protect Stewart against claims of trademark  
"dilution by blurring and dilution by tarnishment," but he would  
still be exposed to the devastating prospect of having to defend a  
trademark infringement lawsuit.

When a big company challenges a reference to its trademark, small  
business owners, artists, photographers or illustrators are often  
forced to yield to avoid costly infringement litigation. "Artists,  
consumers and others need to be able to refer to trademarks when they  
are discussing matters great and small," the letter from the groups  
said. It urged the House to change the language of the bill back to  
the way it appears in current law to avoid the potentially stifling  
impact on free speech.

To read the letter to the House Judiciary Committee, visit http:// 
www.citizen.org/documents/trademarkletter.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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