TXU threatens suit over Perry float
TXU threatens suit over Perry float
Environmental group calls demand to remove energy firm's logo 'meaningless'
08:56 AM CDT on Tuesday, October 24, 2006
By DAVE LEVINTHAL / The Dallas Morning News
Electricity giant TXU Corp. is threatening to sue an environmental group for trademark infringement over an anti-Rick Perry float the group is towing around the state.
LISA LeVRIER / DMN
Midlothian-based Downwinders at Risk's float criticizes TXU Corp. and Gov. Rick Perry for plans to build new coal-fired power plants.
TXU says the float, an 8-foot Styrofoam head of the governor sucking fumes from a smokestack, violates its trademark because it features the company's blue-and-white starburst logo.
In a certified letter, David Poole, TXU's executive vice president and general counsel, asked Midlothian-based Downwinders at Risk to stop using the logo or the company "will have no choice but to protect its trademark from infringement and pursue all available legal remedies."
"We're very hopeful they will simply stop using our logo," TXU spokeswoman Kim Morgan said Monday, adding that the group has until today to confirm, in writing, that it will comply.
The environmental group says its use of the logo is protected political satire under copyright and free speech laws.
"They will receive something in writing telling them that their demand is silly. Mr. Poole is a small man ... he should be ashamed of himself," says Paul Levy, of Public Citizen, a Washington, D.C.-based consumer advocacy organization aiding Downwinders at Risk.
"It's hard to imagine they'd file a lawsuit. And if they do, it'll be thrown out and we'll be awarded damages. It's that frivolous."
Downwinders at Risk leader Jim Schermbeck said the letter from Mr. Poole "is meaningless."
"We're going to continue on as is," Mr. Schermbeck said. His group plans to tow the smokestack float atop a hay trailer this month to events in Austin, Waco and the Dallas-Fort Worth region.
Downwinders at Risk accuses Dallas-based TXU of environmental indifference in trying to build new coal-fired power plants, and it likewise pans Mr. Perry for what the group says are energy policies overly friendly to the company.
Mr. Perry, a Republican, is seeking a third term in a field that includes Democrat Chris Bell, independents Kinky Friedman and Carole Keeton Strayhorn, and Libertarian James Werner.
TXU officials contend they want to improve Texas' air quality while reducing energy prices and meet the state's power demands.
Mr. Poole told the group that TXU does not "in any way object to your organization engaging in the debate regarding ideas on energy and environmental issues."
E-mail dlevinthal@dallasnews.com
http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DN-perryfloat_24tex.ART.State.Edition1.3e68694.html
Environmental group calls demand to remove energy firm's logo 'meaningless'
08:56 AM CDT on Tuesday, October 24, 2006
By DAVE LEVINTHAL / The Dallas Morning News
Electricity giant TXU Corp. is threatening to sue an environmental group for trademark infringement over an anti-Rick Perry float the group is towing around the state.
LISA LeVRIER / DMN
Midlothian-based Downwinders at Risk's float criticizes TXU Corp. and Gov. Rick Perry for plans to build new coal-fired power plants.
TXU says the float, an 8-foot Styrofoam head of the governor sucking fumes from a smokestack, violates its trademark because it features the company's blue-and-white starburst logo.
In a certified letter, David Poole, TXU's executive vice president and general counsel, asked Midlothian-based Downwinders at Risk to stop using the logo or the company "will have no choice but to protect its trademark from infringement and pursue all available legal remedies."
"We're very hopeful they will simply stop using our logo," TXU spokeswoman Kim Morgan said Monday, adding that the group has until today to confirm, in writing, that it will comply.
The environmental group says its use of the logo is protected political satire under copyright and free speech laws.
"They will receive something in writing telling them that their demand is silly. Mr. Poole is a small man ... he should be ashamed of himself," says Paul Levy, of Public Citizen, a Washington, D.C.-based consumer advocacy organization aiding Downwinders at Risk.
"It's hard to imagine they'd file a lawsuit. And if they do, it'll be thrown out and we'll be awarded damages. It's that frivolous."
Downwinders at Risk leader Jim Schermbeck said the letter from Mr. Poole "is meaningless."
"We're going to continue on as is," Mr. Schermbeck said. His group plans to tow the smokestack float atop a hay trailer this month to events in Austin, Waco and the Dallas-Fort Worth region.
Downwinders at Risk accuses Dallas-based TXU of environmental indifference in trying to build new coal-fired power plants, and it likewise pans Mr. Perry for what the group says are energy policies overly friendly to the company.
Mr. Perry, a Republican, is seeking a third term in a field that includes Democrat Chris Bell, independents Kinky Friedman and Carole Keeton Strayhorn, and Libertarian James Werner.
TXU officials contend they want to improve Texas' air quality while reducing energy prices and meet the state's power demands.
Mr. Poole told the group that TXU does not "in any way object to your organization engaging in the debate regarding ideas on energy and environmental issues."
E-mail dlevinthal@dallasnews.com
http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DN-perryfloat_24tex.ART.State.Edition1.3e68694.html
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