The Radiance Foundation Critiques NAACP

In a recent decision, the Fourth Circuit decided that online article by The Radiance Foundation criticizing the NAACP, titled “National Association for the Abortion of Colored People,” did not infringe on the NAACP’s trademark. Though the title and the article were harshly critical of the organization, trademark law generally only applies to commercial advertising, and consumers were unlikely to be confused over the article’s “source and sponsorship.” The decision, which overturned the district court’s ruling, was widely viewed as a First Amendment victory.

The Radiance Foundation Aligns With Other Free Speech Advocates

The Radiance Foundation advocates for adoption and against abortion, and it argued that its criticism of the NAACP was akin to calling the NRA the ‘National Republican Association’ or labeling the ACLU as the ‘Anti-Christian Lawyers Union.’ In this case, the right-leaning organization aligned with the ACLU and the Electronic Frontier Foundation, among other free speech advocates.

A Victory for Free Speech

The court held that trademark law is not an appropriate arena for political disagreements. It pointed out, “Trademarks do not give their holders ... the rights to stymie criticism. Criticism of large and powerful entities in particular is vital to the democratic function.”

This case illustrates an important trademark law concept, outside the context of political advertising: trademark holders cannot stop their trademarks’ use simply because they don’t like how they’re being used. As the court noted, “policy stances are neither goods nor services.”

Sources: http://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/05/19/headline-naacp-national-association-for-the-abortion-of-colored-people-does-not-infringe-the-naacps-trademark/ http://hamptonroads.com/2015/05/appeals-judges-allow-satiric-reference-naacp http://www.washingtontimes.com/news/2015/may/20/abortion-parody-of-naacp-is-constitutional-speech-/

For more information on this topic, please visit our Trademark Litigation service page, which is part of our IP & Business Litigation practice.

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