A couple days ago we noted the hilariously inept efforts of the Texas Republican party to shut down a parody website satirizing Enron’s alleged ownership of the Texas GOP.
We can now bring you a copy of the letter the lawyer for the site’s creator sent to the attorney for the Texas GOP on Monday.
February 18, 2002
Mr. Jonathan L. Snare
Loeffler, Jonas & Tuggey, L.L.P.
755 East Mulberry, Suite 200
San Antonio, Texas 78212RE: Your letter dated February 12, 2002 to Kelly Fero
Dear Mr. Snare:
This firm represents Mr. Kelly Fero in connection with your demand that
he shut down his EnronOwnstheGOP website. Apparently, you believe that Mr.
Fero is misappropriating the Republican Party of Texas’ trademarked elephant.We specifically deny that the EnronOwnstheGOP website infringes or
dilutes any trademark. Our client has a First Amendment right to express his
opinion regarding the relationshipbetween the Texas Republican Party and the
Enron Corporation through a parody of the Party’s website. In effectively
communicating his message, Mr. Fero also has the right to enlist the aid of
the Party’s symbol. Using a mark to ridicule what the mark stands for is the
type of criticism that has traditionally been afforded both “fair use” and
constitutional protection.Courts around the country have consistently protected persons exercising
their right to free speech from trademark claims where the speech involves
clear parody. This is particularly true in cases like this, where the speech
is noncommercial and constitutes pure political opinion. Additionally, it
is inane to suggest that any Texas voters will be confused or misled by our
client’s website. According to the February 16, 2002 edition of the Fort
Worth Star-Telegram, even your client has conceded that voters are highly
unlikely to confuse Mr. Fero’s website with that of the Texas Republican
Party.Mr. Jonathan L. Snare
February 18, 2002
Page 2If you pursue this matter, please be assured that your actions will be
met with a vigorous response.Sincerely,
DWR:cb
Like I said earlier, I’m hoping President Bush taps Jonathan Snare for White House Counsel after Gonzales resigns.
