Horse Or Whores? Merchandise Score Dilution Takes On Liberty Of Speech

Here's a nice exceptional from the Louisville Courier-Journal, Kentucky. State officials are threatening to sue Bart McQueary, of Harrodsburg, for his "satirical" utilization of the state logo on his website. Last Nov a horse-head graphic as well as the phrase "Unbridled Spirit" were chosen every bit the state's construct logo as well as slogan. McQueary is using the rattling same logo on his ain website, inwards a higher house the slogan "Kentucky: The World's Largest Whorehouse". The executive managing director of the state Office of Legal Affairs served a Notice of Infringement to McQueary, alleging violation of federal merchandise score law. McQueary refuses to take the logo, proverb it's an practice of his liberty of speech. The graphic tin endure seen here and here on sites where McQueary articulates his thoughts on adultery, homosexuality as well as other subjects.

McQueary said the "world's largest whorehouse" is a reference to the state's "high divorce rate, our divorce as well as remarriage rate, our infidelity rate, teen pregnancy rate." He said the state cannot legally strength him to clit the logo because he does non utilization it for commercial purposes. He adds:

"It's the satirical utilization of something. You don't conduct maintain to teach permission for a parody".

The in conclusion determination on whether to sue McQueary has non yet been taken. American Civil Liberties Union lobbyist Marvin Johnson as well as New York merchandise score attorney David H. Bernstein (Debevoise & Plimpton) both said McQueary has federal constabulary on his side. Says Bernstein:

"What he is doing is non merchandise score infringement. People who are familiar amongst the logo as well as who know Kentucky know the state is non proverb 'Come watch Kentucky, we're a whorehouse'".

Bernstein as well as Johnson did nonetheless enjoin that the state could sue McQueary for "dilution", which is defined every bit the unauthorised utilization of a highly distinctive score inwards a trend that tends to blur its distinctiveness or tarnishes its image. But the chances that the state would win are slim, they said.

looks forrard to around sparkling struggle on the interface betwixt federal merchandise score dilution as well as liberty of speech. Merpel adds, "McQueary's comments on the citizens of Kentucky hand a whole novel important to the give-and-take 'damn-nation'".

More Unbridled Spirits here, here and here