Tux of Borg Posted April 14, 2006 Share Posted April 14, 2006 http://www.businessweek.com/ap/financialne...me_down&chan=db Wal-Mart sues 'Wal-ocaust' T-shirt seller APR. 12 3:58 P.M. ET Wal-Mart has filed a federal lawsuit over a warped version of its logo appearing on T-shirts and on a Web site with the word "Wal-ocaust" in blue over an Iron Eagle clutching a yellow smiley face. Charles Smith, a 48-year-old computer repairman from Conyers, Ga., began selling T-shirts reading "I (heart) Wal-ocaust" last year, and he displays the more elaborate logo on his Web site. When Wal-Mart Stores Inc. found out, it requested a cease-and-desist order, calling the phrase and logo tasteless. Smith responded with a federal lawsuit in March asking a judge to decide if he can continue. Wal-Mart's recently filed countersuit says Smith "seeks to cloak his illegal commercial activities under the mantle of the First Amendment." It asks the court to dismiss Smith's complaint and stop him from displaying or producing the logo. It also seeks undetermined damages. "Smith's tasteless enterprise demonstrates that he is attempting to profit from his repulsive wares, not merely expressing his misguided opinions about Wal-Mart," the lawsuit says. Smith acknowledges the logo is tasteless, but he and his attorneys, part of Ralph Nader's Public Citizen Litigation Group, consider this a free speech battle. "Poor taste is nothing compared to immorality," Smith, 48, of suburban Conyers, wrote on his Web site, http://www.walocaust.com. He says he has made a total of $5.10 from the sale of a single "Wal-ocaust" T-shirt. Link to comment Share on other sites More sharing options...
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