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"Freedom of Expression" Trademark Lawsuit:
Iowa Professor to Sue AT&T for Appropriating His Trademark, Freedom of ExpressionÒ
PRESS RELEASE CONTACT INFO:
Kembrew McLeod
319-621-4620
kembrew@kembrew.com
At a January 25, 2003 press conference in Chicago, IL, University of Iowa professor Kembrew McLeod will formally announce his plans to sue AT&T for trademark infringement. The telecommunications giant used "Freedom of Expression" as the slogan for a recent print ad campaign, which violates Dr. McLeod's federally registered trademark, Freedom of ExpressionÒ.
Freedom of ExpressionÒ is the title of McLeod's multimedia publication that promotes unrestrained artistic ideas and an anti-corporate perspective. On January 6, 1998, McLeod successfully registered the phrase with the U.S. Patent and Trademark Office, which granted him trademark number 2,127,381 for the phrase.
McLeod objects to AT&T's appropriation of the mark, which he says dilutes his trademark and damages the reputation of Freedom of ExpressionÒ by associating it with a massive conglomerate that cares nothing for free expression. He acknowledges the irony of his trademark, but argues, "99.999% of the time it is corporations that shut down individuals' Freedom
of ExpressionÒ, so it's satisfying that trademark law allows me to do the same to AT&T." McLeod is an assistant professor at the University of Iowa who has written about the impact of intellectual property law in his book Owning Culture (2001).
The press conference is part of the Chicago opening of "Illegal Art: Freedom of Expression in the Corporate Age," an art show that runs from January 25 through February 21 in the Windy City. "Illegal Art" debuted in New York City, and it will also travel to San Francisco. The show is sponsored by Stay Free! magazine and the Chicago exhibit is hosted by In These Times magazine. McLeod's framed Freedom of ExpressionÒ trademark certificate is part of the show, which highlights art and ideas on the legal fringes of intellectual property law. Works include the cover art of Negativland's infamous "U2" sound collage, which prompted a lawsuit by the Irish band's record company, as well as director Todd Haynes' "Superstar," a short film that sympathetically tells
the story of Karen Carpenter with Barbie dolls, but which was enjoined from distribution.
In the cease and desist letter to AT&T, McLeod's Iowa City-based attorney Gregory [Williams], of [law firm], states, "[ ]."
This is not the first time a commonly used phrase has been trademarked. For instance, food manufacturing company Mrs. Smith's fires off cease and desist letters to bakeries that dare to infringe on its trademark, "homestyle." University of Massachusetts ex-basketball coach John Calipari trademarked "Refuse to Lose" and charges the school royalties to publicly use his slogan. And Ohio University and Ohio State engaged in a lengthy, expensive battle over the word "Ohio."
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