It’s been almost a week since the letter of clarification (see my previous BLOG entry) was disseminated to limited distribution by the Superintendent of West Point. The damage caused by the Academy’s re-branding and trademarking campaign remains. Hopefully there has been additional and personal back channel communication with parents whose graduates are fighting and continue to die for their country. That they have been profoundly hurt and offended by the Cease and Desist letters they’ve received is a matter of record.
The USMA Association of Graduates (AOG) is attempting to distance itself from this entire affair and who can blame them? They’re poised to kick off a fund raising campaign in the near future and it’s in their best interest to let the furor die and hope that people will forget. Or, with enough time having passed, at least forgive. This distancing, stating that the Cease and Desist campaign is a unilateral move on the part of the Academy, takes on a pronounced pallor when viewed in light of the fact that the AOG is a beneficiary by contract of a percentage of the income stream generated by the USMA trademarks.
To the extent that his or her staff determines a commander’s effectiveness, the Superintendent’s staff failed him. From the poorly planned and even more poorly executed campaign against graduates and parents by the USMA Office of the Staff Judge Advocate (OSJA – the lawyers), to the lack of effective direction provided by the Academy’s Dr. Seuss quoting Public Affairs Officer, the trademarking and re-branding effort continues to plow along with all the finesse of a drunk at High Tea.
~ Dempsey
In response to the statement by Frank, he is making a comparison between corporations and West Point. Corporations are privately owned and therefore have the right to say who can and cannot use their trademarks. This is expected with privately owned companies. The last I heard West Point is a military academy supported by tax dollars. So when it comes down to it, don’t we as taxpayers own the symbols that are associated with it? This is like saying who can and cannot display the flag.
As a West Point (TM) graduate, I was surprised when my alma mater, West Point (TM) took the attitude it did. When I was a cadet at the U.S. Military Academy (TM), I ate from West Point (TM) Pizza, slept on West Point (TM) Pepperill sheets, and strode up and down the west point (TM?) of the Hudson River’s 90-degree turn to the west.
As an attorney, I am somewhat familiar with intellectual property. I know that there is a need to protect a brand. Trademarks regulate trade – the buying and selling of goods, and the transactions accompanying that. I am completely unaware of how membership in a parents club is trade. I understand that a parents’ club may produce a shirt with a logo similar to “West Point [TM] Parents Club of Somewhere,” and I understand the desire of USMA (and AOG, who, by contract, gets a cut of the income, but who claims no knowledge of or role in this issue) to ensure it gets a slice of the action.
However, there are two ways to approach it. A simple, and effective way, is a letter to all organizations that support the institution, such as parents’ clubs, societies, WP.ORG, and others, and inform them that West Point [TM} is attempting to protect its trademarks, informing them of the rules, and automatically granting a license to use various marks for the group's activities except for profit. West Point [TM} should be aware that many clubs use the words "West Point"[TM] in their names, as well as particular shades of black, gray, and gold, and the USMA [TM] crest for their web pages and letters, for example. Why force the club to apply for a license for these? Why not just grant one for the club, and inform the club that if it wishes to sell an item, it must request a license for a particular mark.
USMA [TM} took the other route, sending a "Cease and Desist" letter threatening legal action if the club did not immediately stop using the marks until the club affirmatively asked for a license. When WP.ORG did so, it was referred to CLC though WP.ORG sold nothing, and CLC only licenses sales of goods in trade. When West Point [TM} OSJA finally understood that, then the demand from OSJA was that WP.ORG purchase insurance at WP.ORG's cost, to protect USMA [TM} from any liability for misinformation or defamation. Since USMA [TM] is a part of the US Government, the Federal Tort Claims Act makes it immune from such suits, and the Department of Justice would provide legal services, so USMA [TM} had no - ZERO - exposure. Had I not pushed the issue, your donations to WP.ORG would be used to purchase insurance that would NEVER be called on to pay for anything - a total waste.
One size rarely fits most, and one size never fits all. Why USMA [TM] OSJA took the one-size-fits-none approach with its threatening Cease and Desist letter is unknown, but I know that I will not be donating anything to USMA [TM] as a result. I am also a graduate of GWU and UMKC, and neither of them have threatened me with a lawsuit for saying so without a license.
You mean as long as you’re not *selling something* with the words it’s okay?
—————–
APPENDIX B
The U.S. MILITARY ACADEMY is the owner of all rights, title and interest in and to the following Indicia,
which includes trademarks, service marks, **trade names** [emphasis mine], designs, logos seals and symbols.
VERBIAGE
Black Knights ®
United States Military Academy ®
U.S. Military Academy ®
West Point ®
USMA ®
West Point Association of Graduates™
West Point AOG™
Military Academy™
Army Black Knights™
Army Lady Knights™
Army Baseball™
Army Basketball™
Army Cross Country™
Army Football™
Army Hockey™
Army Lacrosse™
Army Rifle™
Army Soccer™
Army Softball™
Army Swimming™
Army Tennis™
Army Track™
Army Volleyball™
Army Wrestling™
Duty, Honor, Country™
The Long Gray Line™
——————-
Hummm… so rationally, if you’re not *selling something* with the Trademarked images, it’s okay.
So if I want to build a website titled “United States Military Academy Gone Wild”, that’s a matter of free speech, and a cease and desist letter won’t be forthcoming, right?
sigh
–
Dian
In response to “most large corporations love to see their trademark logo appear almost anywhere as long as it promotes their best interests and no entity or person is profiting from it”, having represented several such companies, I respectfully repeat that no such company would ever allow it’s trademarks to appear anywhere without express consent each and every time it is to be used. There are no blanket approvals to use trademarks “almost anywhere” .
Also in response to using WP or USMA in editorializing comments, as long as one is not pretending to be a spokesperson or representative of the organization in question, I believe is a free speech right. I don’t believe anyone is truly questioning that.
Frank
Frank used several trademarked words in his reply to Dempsey, above. I assume he applied for approval to use them, and received said approval.
I am personally astounded at the actions of West Point (TM), the OSJA at West Point (TM), and the West Point (TM) Public Affairs Office. The pages in question were not selling product, were not taking money while using those images (except club dues), and in many cases were donating back money to West Point (TM). Those pages, and the images they show are there for no other purpose than to show pride, respect, and support for the United States Military Academy (TM). Using strong-arm tactics to secure the removal of USMA (TM) trademarked images is beyond irresponsible.
West Point (TM), the OSJA at West Point (TM), and the West Point (TM) Public Affairs Office have known for as much as 12 years in some instances I am aware of, that those images existed on those sites. Rather than center their attention on sites that were abusing the images in question by using them on product or to sell product, they instead send threats to harmless clubs because of images on their pages.
If one day, Congress was to vote for the elimination of the United States Military Academy (TM), I am sure that USMA (TM) would pray to see an Army(TM) of parents, waving West Point (TM) banners, dressed in Pantone Process Black (TM), Pantone 465 (TM) (gold), and Pantone Cool Gray 5 (TM) (all purchased from authorized vendors of course), arm in arm with West Point (TM) graduates, marching to Washington to be heard. West Point (TM) would unlikely want them thinking of letters threatening to sue parents for simply displaying their pride, respect, and support for West Point (TM).
The CEO of WP-ORG knows WP-ORG hosts the majority of West Point (TM) Parent Club websites, and it is his objective to make the entire West Point (TM) community aware, and not forget, how this Army (TM) of supporters has been treated. When West Point (TM) comes asking the parent clubs for money this year, I wonder if West Point (TM) is counting on all of this dying down, and everyone forgetting?
For the second time this week I have been informed that the West Point (TM) PAO has told West Point (TM) Parent Clubs who use WP-ORG’s services, that if they cannot remove the trademark images, to contact me specifically to remove the entire website of the club. Many clubs are in a state of flux, with firstie parents leaving, and plebe parents joining, and find themselves between webmasters. A case in point was in an email I received today from a West Point (TM) Parent Club President, which said “…the PAO told me that you have the ability to remove the site completely if I request that you do so.” For the West Point (TM) Public Affairs Office to even suggest that the West Point (TM) Parent Clubs should destroy their files and intellectual property, simply to comply with the removal of simple images, is unbelievably beyond the pale, and one has to question what the real motive is behind such a suggestion.
As an employee of WP-ORG, and USMA (TM) 2002 parent, I would like to make this promise; If any West Point (TM) Parent Club is between webmasters, and can not remove the images which have generated a threat of legal action related to their WP-ORG hosted West Point (TM) Parent Club sites, I will personally assist them with removing said images in any way possible, after my normal WP-ORG duties are done. This action will save them from the suggestion that they destroy their entire sites, hard work, web presence, and their intellectual property, just to remove an image. Club Presidents may write to me at: feedback@west-point.org
I must now go to announce that I have set up a eulogy page for a graduate who was killed in action. Lets hope his home town parent club has not just received a cease and desist letter for making the mistake of using trademarked images to show their support of West Point (TM).
Dian Welle
I.T. Manager, WP-ORG
Welcome to the big-time! NIKE contracts, registered trademarks and lawyers, all are required in NCAA Division 1 sports, in the 21st Century. Once I read that “CLC” was involved in licensing, the words civil and tact were removed from my thinking. I have worked at a major football university for 20 years and I have accompanied representatives from “CLC” as they attacked the tailgating scene on Saturdays, Atilla would have been stunned. Even “The Aggies” are subjected to the “CLC” force. I was disappointed to read that the Academy joined up with the collegiate sports world in this manner. Going to West Point and participating in the sports scene when the cadets came out west was enjoyable and may I say diginified. No one involved with the school, grads, cadet or parents would think of soiling the Academy, or it symbols. If someone tried, the offenders would probably be corrected quickly and clearly. But of course, it is about the money.
Plebe-Net, Parent-Net and now the Parent Grad-net, have all been valuable to me and my family throughout our Lieutenant’s career and we met and married in the Army, keep it going.
I was saddened to read your comment, Donald. That’s one less resource for the parents.
~ Dempsey
Frank, in my capacity as the webmaster (also, founder and past President of our WP Parents Club) for http://www.wppccc.com (West Point Parents Club, Central California) I want you to know that the legal premise for the action initiated by the OSJA was not the principle reason why most respondents took exception; rather, it was the tenor of their “letter” that created all the stir. Specifically, based upon the intimidating legalese they chose to use, one would have thought we had committed fraud or some other similar felony. Methinks their attorneys need some PR training in diplomacy. That said, they did get my attention very quickly. Remedy: I removed our entire website from the network.
BTW, Frank, nothing personal but you’re wrong. Most large corporations love to see their logo appear almost anywhere, so long as it promotes their best interests and no entity or person is profiting from it.
Anyone who has ever been associated with any major company knows well how protective they all are of their “brand”! As a past President of a WP Parents Club, I never even dreamed of using the name or any symbol that might be implied to be the intellectual property of West Point (insignia, helmet, saber, mule, etc.) without first asking permission. Frankly I was shocked to get permission even for a limited issue, or time! People, get over it! It’s about time the Academy took possession of their valuable brand!
In fact why not,”USMA Parents Club”?
Get a grip this is not an ISSUE! This action should be immediately obvious and understandable, and implimented at once.
Thanks
Written with your usual style and flair. Muy bueno!