…at least if they say, “MoveOn.org to the White House”
We previously reported how Carrie Olson, COO of MoveOn.org, sent CafePress a letter demanding that it stop selling anti-MoveOn.org items because they used MoveOn.org’s “trademark,” even though (from what we saw of these items at other sites), MoveOn.org’s trademarked blue and red logo was nowhere to be seen on them. For some reason, however, Carrie Olson and MoveOn.org did not take any exception whatsoever to these CafePress products, which DO use the first part of MoveOn.org’s trademarked logo. In fact, the Web page tab says explicitly “Selling things with the MoveOn.org logo.”
We have downloaded the entire CafePress page in case future disputes come up over this issue. We are not qualified to give legal advice but, as we recall, a company’s failure to defend its trademark, even against friendly uses like those shown below, could compromise its right to defend the trademark, period. Ah, here we go:
Finally, failure to enforce trademark rights may result in a waiver of the right to enforce against an infringer, and widespread failure to enforce may result in an abandonment of the marks. 15 U.S.C. §1064. See Bellsouth Corp. v. Datanational Corp., 60 F.3d 1565 (Fed. Cir. 1995) (failure to police “walking fingers” trademark resulted in loss of trademark rights).
As shown here, the first half of “MoveOn.org to the White House” consists of what looks like exactly the same font that is used in the trademarked logo at MoveOn.org.
No problems with “MoveOn.org To The White House,” eh, Carrie? Your organization will soon be moving, not to the White House, but to the political outhouse–specifically, the basement. But we digress. Your organization’s failure to complain about a CafePress store using what IS at least half of your actual trademarked logo, while complaining about someone else’s use only of your organization’s name, speaks for itself.