Sometimes I tell clients not to sue, especially in libel cases, because winning will be more costly than just overlooking the slight.
The CPC has a right to protect its own trademarks -- that's just a legal point. Arguably there might be a free speech exception for expressly political groups (fair use to mock CPC, LPC, NDP for political points where no confusion possible) but I wouldn't bet on that argument working.
By threatening litigation the CPC has drawn far more attention to the offending site -- they might have been wise to just 'turn the other cheek' and ignore it:
Conservatives threaten lawsuit against asbestos widow http://natpo.st/pjCCKY
Tristin Hopper, National Post
Conservative Party leadership has threatened legal action against a Quebec asbestos widow turned anti-asbestos campaigner.
On July 29, Michaela Keyserlingk received a cease-and-desist email from Conservative Party Executive Director Dan Hilton.
The email concerned an ad banner that Ms. Keyserlingk had been using to promote www.canadianasbestosexports.ca, her anti-asbestos website. "Canada is the only western country that still exports deadly asbestos!" reads the banner's text, which is nestled in between a "Danger" symbol and the Conservative logo.
6 comments:
Agree.
An interesting post Mr. Morton.... turn the other cheek and ignore this woman so as not to draw attention to our government's policy of exporting asbestos-related deaths (in the thousands) to counties with weaker worker protection laws. My question is this - had you won the election would that have been your approach - to ignore this woman - pretend asbestos is safe if handled appropriately - continue to export these death to foreign workers - and try to draw as little attention as possible to this government approved horrific abuse so as to preserve these companies' export profits? Or would you have put an end to this? Your non-emotional, tactical , politicaly adept, economicly oriented analysis of the smart move suggests you would do what the Tories are doing only "better".
What about Canada's maple leaf? Anybody got a claim on that? Can the asbestos mining lobby's use of the maple leaf on its logo be grounds for a lawsuit by somebody? It pisses me off that our Canadian emblem is being used by an industry that exports a slow and painful death to workers in other countries.
Well now that there has been this much attention brought to the banner, its never going away. If they manage to stop her from using it, it will just pop up bigger and better. Maybe a nice big picture of Harper beside it...
The asbestos lobby says "no worries" as long as its "handled safely". How about this - Harper and some of his mining indistry cronies and maybe a couple of his tarsands buddies could show us how. They are bury right now so why can't ehy handle asbestos safely for a couple of months or so - then we can send the videos of how Harper handles asbestos along with the product. On - here comes some of that attention you mentioned: Tories slammed after telling asbestos widow to stop using their logo
Edmonton Journal - 21 minutes ago
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