MoveOn.org's thin skin
So it's not too surprising that the liberal advocacy group would be a mite touchy from all the blowback online, even though it should be used to the abuse by now. So touchy, in fact, that it's been sending out cease-and-desist letters to CafePress, a website that lets people offer custom-designed t-shirts, coffee mugs and the like for sale. Last week it demanded that the site remove eight items, arguing that they violated MoveOn's merchandising trademarks.
Trademark law doesn't confer monopoly rights over all uses of a registered phrase or symbol, however, and it wasn't created simply to protect the trademark owner's interests. Instead, it's designed to protect consumers against being misled or confused about brands. The courts have repeatedly ruled in favor of parodies and critiques; that's why www.famousbrandnamesucks.com doesn't violate famousbrandname's trademark. And most, if not all, of the items targeted by MoveOn were clearly designed to razz it, not to trick buyers into thinking they were the group's products.
Beyond that, it's amazing that MoveOn would try to squelch political speech. That's another clear purpose of the targeted items. Take, for example, this message on a t-shirt designed by a lifelong Democrat from Southern California:
General Petraeus has done more for this country than MoveOn.org. MoveOn.org, the worst friend a Democrat could have! Move Away from Move On!
To its credit, CafePress refused to take down five bumper stickers, and it reinstated a t-shirt that it had taken down briefly in response to MoveOn's initial request. "While we understand that negative commentary is unsavory, our shopkeepers’ parodies of the MoveOn.org trademark are permissible here, especially when one considers the First Amendment implications raised by the social and political importance of your organization, the policies it advocates, and the countervailing messages conveyed by the parodies," wrote Daniel Pontes of CafePress to Carrie Olson, MoveOn's chief operating officer. Olson had been the one requesting the takedown.
CafePress and MoveOn declined to discuss the episode on the record. The anonymous designer of the t-shirt mentioned above withdrew her creation anyway, explaining in a note on her CafePress page that she didn't want to fight "a large group with the money to run ads in the NY Times demeaning a four star general." Not that her t-shirts were flying off the virtual CafePress shelves; she'd yet to record her first sale after a week and a half on the site.
Perhaps the most delicious irony here is that MoveOn hasn't exactly been scrupulous in its regard to other people's intellectual property. After all, it seems to have borrowed the Petraeus/Betray Us rhyme from a familiar radio host -- without crediting him, of course.
Perhaps Petraeus should sue the ACLU for defamation of character.
Posted by: The Man | October 01, 2007 at 05:36 AM
MoveOnYouStinkyLunaticYouDisgustMe.org is going to help the Republicans take back Congress and to elect yet another in a long series of Republican Presidents.
Irresponsible juvenile delinquents do not win elections in a time of war.
The unaccomplished, unqualified Democrat Presidential nominee will be led around by the nose by these lunatics, and that's exactly why they will lose.
Thanks MoveOnYouStinkyLunaticYouDisgustMe.org! Please keep running your inane, infantile ads!
Posted by: Brian | October 01, 2007 at 05:31 AM
It amuses me that the only real political party that we have is The Money Party. Both of our political march in lockstep.They refuse to talk about the war and prefer to talk about those who talk about the war. I hope the terrorists win. I hope that American cities begin disappearing in blinding flashes of light. Its what we deserve for our arrogance. Perhaps someone will overthrow our evil regime and establish democracy in our country.
Posted by: Eddie Housworth | October 01, 2007 at 05:29 AM
so, where was the outrage (and the Senate) when the Republican party took on Max Cleland in the 2004 election, digitally morphing the Army Vet into Osama Bin Laden in a well-spun TV ad, and questioning his patriotism? Sounds like hypocrisy to me.
Posted by: Kyle Storm | October 01, 2007 at 05:21 AM
Response to Joe Jackson. Hmmm. went to your website and I saw pretty much Leftist conspiracy news. Another version of moveon.org. I saw things such as how the towers were brought down and the government covered it up - the same old Rosie O'Donnal tirades which is fine. It's your right to believe what you wish. Mr. Jackson states that "Repiglicans" are blind and follow this administration? And just what are the left when they follow Bill and Hillary and moveon.org? Loyal citizens of the regime?
Look what happened to Rudi Guiliani when he didn't agree with the far left of the Democratic party and moveon.org: he got booted from the party. HE was a Democrat! But he disagreed with them on a few issues so out he goes.
They are a Socialistic party and have heavy socialistic views and forbid if you disagree with them.
Posted by: Jerry | October 01, 2007 at 05:20 AM
How dare you speak out against the Ministry of Information comrades. Do you have any idea how badly you will all be punished? I pray you and your families survive the Gulag, except I know you won't.
Posted by: Chris | October 01, 2007 at 05:18 AM
From the moment our troops landed in Iraq, the Democrats have been undermining our war effort. The Democrats at home are more dangerous and loathesome than the terrorists who would like to nuke one of our cities. To those citizens who send us the likes of Kennedy, Schumer, Lantos, Boxer, Murtha, Durbin, Feingold, et. al. ad nauseum I say: You are the ones who live in the terrorist bulls-eye. You will rue the day that you cast your lot with those whose only mission in life was to destroy President Bush.
Posted by: Richard Young | October 01, 2007 at 04:55 AM
I guess on one side you can dish out the smear but you not allow the dish give it back. Yep, that's freedom of speech in the eyes of the dot org I can not name out of fear. I am buying the shirts as Christmas Gifts to all the liberals in my family. Uh oh. I said Christmas. Sorry *CLU
Posted by: Willy Brown | October 01, 2007 at 04:45 AM
Thank you James Marsden for your fantatic closing line. It's the best yet : "The Clintons and their ilk stay around like dead fish and stink everything up." It's almost as good as: "Hillary stinks like a dead tuna, ask Vince Foster he knows."
Posted by: tp | October 01, 2007 at 04:36 AM
"Perhaps Moveon.org should be renamed "Valdemort"
Posted by: Mike Weaver | September 30, 2007 at 10:35 PM "
Or renamed moveontonorthkorea.org
Posted by: K. Marx | October 01, 2007 at 04:25 AM
I guess Leon should've read the statement under the "Post a comment".
Posted by: Ron | October 01, 2007 at 04:17 AM
MoveOn is synonymous now with sellout. This putrid "blame America first" club is a laughingstock. Go figure.
Posted by: TJ | October 01, 2007 at 03:58 AM
"The courts have repeatedly ruled in favor of parodies and critiques; that's why www.famousbrandnamesucks.com doesn't violate famousbrandname's trademark."
That's misleading in two respects. First, it implies "the courts" adjudicate dot-com trademark disputes. For the most part they don't; whether the owner of fbn's trademark can force fbnsucks.com to be handed over is handled by mediation through one of several organizations such as WIPO. Look up the UDRP for more on that.
And second, while "fbnsucks.com" will probably be held by a court not to violate fbn's trademark, that does not much matter for UDRP proceedings. The domains guinness-really-sucks.com, wal-martsucks.com, cabelassucks.com, directlinesucks.com, and many others were all taken away. Whether you get to keep fbnsucks.com probably depends on what mood your WIPO mediator is in when fbn files the paperwork. For more, see: http://slashdot.org/yro/01/02/07/0631201.shtml
Posted by: Jamie McCarthy | October 01, 2007 at 03:54 AM
It doesn't surprise me one bit that MoveOn is doing this. They can dish out political (and personal) attacks 24-7, but when it comes to taking it, they can't. It's an old ploy often used by the left, called "free speech for me, but not for thee". And one more thing, 3-5% is truly momentous. Really. I mean, that's just barely more than the typical margin of error, assuming that it's 4% or 5%! *sarcastic smile*
Posted by: InRussetShadows | October 01, 2007 at 03:52 AM
Just checking, but wasn't the advertisement prepared and run before the General reported to congress. If so wouldn't MoveOn.org be judging the Gneral before hearing his report?, sort of "presumed guilty" in advance of any action.
Posted by: Just Checking | October 01, 2007 at 03:23 AM
Every individual affiliated with MoveOn.org should spend a year in Communist China, North Korea, or Iran, and get a real taste of reality like I did. The U.S. Constitution gives MoveOn.org, and many anti-American organiztions the flexibility, and freedom to defecate, all over everything that's traditional, and held dear to our American values. Those countries that I metioned first will have every individual member of MoveOn.org shot, or beheaded. Here in the United States they are welcome to vent their ignorance, and lack of common sense.
Posted by: Gabriel Ramis | October 01, 2007 at 03:18 AM
....Is it DEMs or is it DIMs ?.... Only moveon.org knows for sure....
Posted by: Jim | October 01, 2007 at 02:42 AM
"F" MOVE ON .org, they are the sleaziest leftwing bunch or losers I've ever seen. they are the comunist party.
Posted by: ralph | October 01, 2007 at 02:07 AM
You da man, all you dkooks and libloons
Posted by: M algore | October 01, 2007 at 01:41 AM
Congratulations Leon! You've written quite a bit without saying much of anything. I think the only matter of substance I derived from your meandering rant is that you are clearly a lemming, blindly following wherever the left leads you.
General Petraeus testified that the United States Armed Forces are increasingly having a pacifying impact in Iraq. He was honest about the failures of the Iraqi people to initiate the political cement necessary to sustain the peace in the region. And moveon.org decides to target him? For what purpose?
Your own party funds this war and will continue to fund it. If Hillary, or for that matter even Obama wins in '08, you think the troops will come home? The extremist left's posturing about Bush's illegal war based on lies is nothing more than empty rhetoric.
The war is Constitutional and legal. The United States Congress authorized use of force against Iraq and continues to authorize it every time it votes for more funding. So Leon, please try to make at least some effort to support your assertions with verifiable fact and/or reasoning.
Thanks.
"We stopped the fighting [in 1991] on an agreement that Iraq would
take steps to assure the world that it would not engage in further
aggression and that it would destroy its weapons of mass destruction.
It has refused to take those steps. That refusal constitutes a breach
of the armistice which renders it void and justifies resumption of the
armed conflict." Harry Reid 10/2002
"Those who doubted whether Iraq or the world would be better off without Saddam Hussein, and those who believe we are not safer with his capture don't have the judgment to be president or the credibility to be elected president." John Kerry 12/2003
Posted by: Leon Schmeon | October 01, 2007 at 01:29 AM
What MoveOn is doing is exactly what all socialists seem to do: suppress free speech. These liberals can't handle dissent.
Other places where liberals like to suppress free speech.
Hate crimes - no, it's not liberals all of sudden being crime fighters, it's really about stopping people from talking about their issues.
"Fairness Doctrine" - notice how it's targeted at talk radio (which tilts conservative)
Hillary's good squads - The Clinton's were well known for using private eyes to intimidate people. They go far beyond opposition research.
Chavez (D-Venezuela) - shutting down the media and taking it over. He seems to make threats every week to shut something down and take it over by force.
And look what happens to scientists who come out against global warming? They are attacked and some are even defunded.
When the protesters march at, say, the Republican Convention or at World Trade meetings, do you think they are marching with new ideas? No, it's about suppressing other people's speech. They make a ruckus so as to suck up TV/media time.
All I ask is that people keep their eyes open and watch the liberals/Democrats because your ability to say/think what you want is being challenged every day by these people.
Posted by: Al | October 01, 2007 at 12:14 AM
Trying to argue with a moveon.org sympathizer is like arguing with a born-again christian, an evironmentalist, or a conspiracy theorist... everything they hear has to first pass the test of their own ridiculous preconceived, rigid belief structure. It's a filter for inconvenient realities. Facts are not facts; they're YOUR facts, and YOUR facts are lies because they don't support MY opinion, which is right no matter what. This ignorance is what keeps leftists thankfully out of power.
I can't wait for them to figure out that Democrats only support them in campaign-time rhetoric. I can't wait until they finally understand that their extreme and frankly stupid convictions will not be supported by any legislator.
It's one thing to say that military advances' effect on the Maliki government hasn't produced political results. But to say Patraeus is a liar and a traitor is slanderous, and they should honestly be facing defamation of character charges. I would LOVE to hear one MoveOn.org member defend this slimy tactic constitutionally.
Posted by: kevin | October 01, 2007 at 12:07 AM
What will we call it when Moveon finally gets pushed out of the body politic.
A bowel Moveonment.
(I apologize for that)
Posted by: Joker | October 01, 2007 at 12:02 AM
MoveOn is full of MorOns
Posted by: A Rosario | September 30, 2007 at 11:47 PM
I always love people who can make absolute statements of fact about other people, whehter they know them to be absolutely true or not, and impinge upon their integrity, professionalism or morality.
As for the person who compared the current ads with those of the Swift Boat organization, apparently the fact that these people served with or during the same time as Sen. Kerry and perhaps had a first hand experience with hmi, doesn't count. I very much doubt if anyone at MoveOn has served or been anywhere near the General.
Posted by: Richard | September 30, 2007 at 11:13 PM