Submitted by Betty Burley
As a Lansing resident I stand in strong support of our local newspaper, The Lansing Journal. As a dedicated member of the Lansing community, I am deeply disheartened to learn that the Lan-Oak Park District has filed a lawsuit against The Lansing Journal for their use of an image of the Clock Tower on a shirt. This legal action not only threatens our local newspaper but also undermines the very essence of community spirit and involvement that The Lansing Journal tirelessly fosters. The Lansing Journal is more than just a source of news. It is a pillar of our community, dedicated to keeping residents informed and actively involved in local affairs. Through its pages, the newspaper encourages civic engagement, promotes local events, and highlights the stories that matter most to us. It serves as a vital conduit for information, connecting neighbors and fostering a sense of unity and shared purpose. One example: the Weather section inviting residents to capture and send in weather photos, each with a unique perspective.
While I do not claim to be a lawyer, I do know my rights, and I firmly believe that the information needed to defend oneself is readily available in this remarkable age of information. The image in question, the Clock Tower, is a public landmark that holds significant meaning for all Lansing residents. It is a symbol of our shared heritage and a source of community pride. The use of this image by The Lansing Journal is not an act of deception or infringement; rather, it is a reflection of the newspaper’s commitment to celebrating our community.
The doctrine of nominative fair use, as established in cases like *New Kids on the Block v. News America Publishing, Inc.*, 971 F.2d 302 (9th Cir. 1992), supports the notion that using a trademark to refer to the trademarked good itself is permissible, particularly when there is no suggestion of sponsorship or endorsement.
Moreover, the principles of free speech and expression, protected by the First Amendment, reinforce my right to speak up on this, so I urge my fellow Lansing residents to join me in lifting our voices in support of The Lansing Journal. We must stand together to defend our local newspaper and the vital role it plays in our community. Let us show our solidarity and ensure that the spirit of Lansing remains strong and united.
Now let’s get to the suit! Appears there are a few points they are citing:
- Violation of the Trademark Registration and Protection Act
- Trademark Infringement Under the Lanham Act
- Unfair Competition Under Lanham Act
- Uniform Deceptive Trade Practices Act
- Consumer Fraud and Deceptive Practices Act
1. Violation of the Trademark Registration and Protection Act
The clock tower, being a publicly visible structure, falls under the doctrine of nominative fair use. The Lansing Journal’s usage of the image is purely descriptive and meant to represent a widely recognized landmark within the community, rather than to suggest any affiliation or endorsement by the Park District.
** In New Kids on the Block v. News America Publishing, Inc., 971 F.2d 302 (9th Cir. 1992), the court established that nominative fair use allows the use of a trademark to refer to the trademarked good itself, which is precisely the case here. A graphic representation of the clock tower is used to lift up Lansing, not to suggest any commercial association, nor claim to be any other association.
2. Trademark Infringement Under the Lanham Act
Trademark infringement requires proof of likelihood of confusion among consumers regarding the source of the goods or services. The Lansing Journal uses the graphic representation of the clock tower image as a backdrop to represent community news, not to market a service similar to that of the Park District.
** In KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc., 543 U.S. 111 (2004), the Supreme Court held that a plaintiff must demonstrate a likelihood of consumer confusion. Given that The Lansing Journal is a news outlet and not a competitor to the Park District, the likelihood of consumer confusion is minimal to non-existent. I mean, I am not confused — The Lansing journal is a newspaper. Are you confused?
3. Unfair Competition Under the Lanham Act
The claim of unfair competition under the Lanham Act also hinges on the likelihood of confusion and the misappropriation of goodwill. As stated, the use of the graphic representation of the clock tower image does not mislead consumers into believing that there is an affiliation or endorsement by the Park District.
** In Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763 (1992), the Court ruled that trade dress protection requires the showing of distinctiveness and likelihood of confusion. The clock tower, a public landmark, lacks the necessary distinctiveness associated exclusively with the Park District’s services and is instead a representation of the community at large.
4. Uniform Deceptive Trade Practices Act
The use of the clock tower image by The Lansing Journal does not constitute a deceptive trade practice as defined under the Uniform Deceptive Trade Practices Act. The act prohibits deceptive business practices that cause confusion or misunderstanding about the source or approval of goods or services.
** In Gillette Co. v. Norelco Consumer Prod. Co., 946 F. Supp. 115 (D. Mass. 1996), it was established that comparative advertising using another’s trademarked product was not inherently deceptive if it was truthful and not misleading. The Lansing Journal’s use of the clock tower image is neither false nor misleading but simply a truthful depiction of a local landmark.
5. Consumer Fraud and Deceptive Business Practices Act
To claim under the Consumer Fraud and Deceptive Business Practices Act, there must be a deceptive act or practice that misleads or deceives consumers. The Lansing Journal’s use of the clock tower image is transparent and factual, with no intent to deceive consumers.
** In People ex rel. Hartigan v. Knecht Services, Inc., 216 Ill. App. 3d 843 (1991), the court held that deceptive practices must have the capacity to deceive a substantial portion of the public. The Lansing Journal’s representation of the clock tower does not mislead the public about the nature of its news services or imply an endorsement from the Park District.
In conclusion, the use of the Clock Tower image by The Lansing Journal falls well within the doctrine of nominative fair use. It serves as a descriptive representation of a landmark within the community, rather than an attempt to suggest any affiliation or endorsement by the Lan-Oak Park District. The legal action taken against The Lansing Journal threatens not only our local newspaper but also the essence of community spirit and involvement that it fosters. As residents of Lansing, we must stand together in support of The Lansing Journal, a pillar of our community dedicated to keeping us informed, engaged, and united. Let us raise our voices in solidarity and defend the vital role that The Lansing Journal plays in our community.
I love living in Lansing because it reminds me of my hometown. We have a wonderful mayor, and The Lansing Journal adds so much to the community and the lives of its residents.
Sincerely,
Betty Burley
Well stated and nice work, Ms. Burley! You may not be a lawyer, but you Shepardize like a paralegal (from the SSC program perhaps?). I hope folks like yourself are in attendance when the Lan-Oak Park District feels brave enough to hold a public meeting again. This really is a frivolous lawsuit.
Thank you, Betty! So appreciate this article you wrote and stand behind you, too, in supporting The Lansing Journal.
Betty,
Great comeback on the lawsuit. Stand in agreeance with your article. Thank you!
I completely agree! I am also disheartened to see our tax dollars being wasted in such a frivolous way!! Next election the park district will probably be asking for more dollars.
I am in agreement with Betty’s position on the clock tower dispute. Given some of the tactics that I have observed I can’t help but wonder if someone in the Lan-Oak Park District is affiliated with someone in Thornton Township leadership. Attempting to hush the voices of absolutely anyone who disagrees with questionable township expenditure and activity has resulted in people being locked out of their office as well as having their name removed from a council roster. The Lansing Journal has been actively engaged in pointing out township management deficiencies and I am certain they are a target. Keep up the great journalism, Lansing Journal.
Thank you for your intelligent fact filled perspective. I agree 100%. This is a shameful and frivolous action by the park district. Is this also why the village welcome signs have been changed? The park district isn’t protecting their property, they are offending their community; the tax payers who support the park district.
I want to extend my heartfelt thanks to the residents for their kind words and support of my recent article. More importantly, I am deeply grateful for your unwavering support of the Lansing Journal. In these times, it’s essential that we stand up for those who hold our government accountable and those who tirelessly encourage and uplift our community. Melanie, Josh, and the entire team at the Lansing Journal are true builders, dedicated to nurturing and strengthening the community they love and reside in. Your continued support for their work is invaluable and appreciated by all.