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Wal-Mart In Court Fight Over 'Wal-ocaust' T-Shirts
WKMG-TV NEWS ^ | 3-8-2006

Posted on 03/08/2006 11:10:15 AM PST by Cagey

ATLANTA -- A Georgia man has filed a lawsuit against Wal-Mart in federal district court in Atlanta in a fight over his T-shirts that compare the retailer's business practices to the Holocaust.

Charles Smith has been marketing shirts that read, "I (heart) Wal-ocaust" T-shirts. Wal-Mart filed a cease-and-desist order in an attempt to make him stop printing the shirts.

The company said Smith is engaging in trademark infringement. It has threatened to sue Smith if he continues to display the logos on his Web site and to print them on his products.

The 48-year-old Smith is a computer repairman and said he has no deep connection to the company. But he claims using the logos is a free speech issue.

Smith said he came up with his anti-Wal-Mart logo after conversations with a customer and an employee who both had bad experiences with the retailer.

He designed his first logo in July. One shirt -- with "Wal-ocaust" printed above an eagle and a smiley face sold on Nov. 16 and netted Smith $5.10.

He said if the court sides with him, he will use any profits to pay his legal fees and for continued production of the products.

Wal-Mart spokeswoman Sarah Clark said Smith is infringing on the company's trademark and also "making an offensive association between Wal-Mart and one of the greatest tragedies of the past century."


TOPICS: Business/Economy; Government; US: Georgia
KEYWORDS: hippietrash
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To: Enchante

Exactly. Disagree if you like with Wal-Mart's approach, but let's keep the "it's like a HOLOCAUST!" powder dry for when, um, thousands of people are being murdered by a government because of their religion or ethnicity.


41 posted on 03/08/2006 12:02:37 PM PST by pogo101
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To: WV Mountain Mama

No need to apologize!:)


42 posted on 03/08/2006 12:02:47 PM PST by Mrs.Nooseman
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To: Cagey

More graduates from the "Dick Durbin School of Hyperbole."


43 posted on 03/08/2006 12:04:23 PM PST by dfwgator
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To: parsifal
Oh, BUMP. What the heck. Their Sam's stores do make you feel like you are in the Gulag. First you check out. Then some idiot at the exit checks your buggy to make sure you aren't stealing anything. On top of that, you have to pay a fee to join the darn thing. I stopped shopping there a few years ago. I felt demeaned.

Not to mention the gray, dreary, warehouse atmosphere, the regular loudspeaker announcements, and the defeated-looking individuals milling about. All it needs is some razor wire and spotlights to complete the theme.

Of course, they also offer very low prices on many items, which to me more than makes up for the unpleasantness of the shopping experience. That, and the fact that leftists hate it :)

44 posted on 03/08/2006 12:05:39 PM PST by timm22
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To: Cagey

That...doesn't make a whole lot of sense. :P


45 posted on 03/08/2006 12:09:16 PM PST by Constantine XIII
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To: Mrs.Nooseman
It's funny, I thought of you yesterday as I was planning meals for the week. I am making homemade spaetzle and rot kraut with pork chops, thought of you and wondered if you had used the websites I gave you to get goodies for the family. I haven't been on the canteen for awhile and it's funny I see ya on a thread...
46 posted on 03/08/2006 12:14:25 PM PST by WV Mountain Mama (I don't need to visualize whirled peas. I'm a mom, I've SEEN them.)
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To: timm22
the decision to use Nazi imagery was not the most sensible choice,

Ah, but what other example of fascism do people actually, readily know about other than the Nazis?

47 posted on 03/08/2006 12:17:10 PM PST by sam_paine (X .................................)
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To: L98Fiero

And what about the people that approved the ad? It was approved by management. The man in charge of approving the ad (Walmart's director of PR for California and Arizona) resigned (was NOT fired) and Wal-Mart apologized a week later. So Wal-Mart compares their opposition to Nazis and they get compared to Nazis in return. Sounds like Washington, D.C.

And other than pointing out that hypocrisy, where exactly did I bash Wal-Mart?


48 posted on 03/08/2006 12:21:34 PM PST by eraser2005
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To: Cagey

I don't think the Smiley Face can be trademarked.

I like the family values line, though...especially the line about firearms as I believe boys bond well with fathers who take them shooting.


49 posted on 03/08/2006 12:22:48 PM PST by Sensei Ern (Now, IB4Z! http://www.myspace.com/reconcomedy/ "I believe Hillary is the aunti-christ.")
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To: Cagey
The company said Smith is engaging in trademark infringement.

That, and being a jerk.

50 posted on 03/08/2006 12:31:46 PM PST by bondjamesbond (RICE '08)
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To: WV Mountain Mama

LOL.
Now that is funny,maybe that is why my ears where ringing yesterday.:)

We haven't ordered anything yet,but we use the recipes posted on the website German Deli.com.

I am not as much here on FR ,as I used to be,do to work and family obligations,but today I have some time to catch up on the ongoings here on FR.

It's good to see you.


51 posted on 03/08/2006 12:32:52 PM PST by Mrs.Nooseman
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To: Gabz

ping


52 posted on 03/08/2006 12:33:50 PM PST by Mrs.Nooseman
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To: Sensei Ern

Now wait just a darned minute.....you mean Forrest Gump didn't invent the "Smiley Face"? (Don't lie now, I saw the damn movie where he invented it...) I thought Forrest would have trademarked that logo. :0 )


53 posted on 03/08/2006 12:43:30 PM PST by geezerwheezer (get up boys, we're burnin' daylight!!!)
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To: Mrs.Nooseman

Good to see you too. I try to stay off FR more because I just don't get anything done... :) Take care!


54 posted on 03/08/2006 12:51:45 PM PST by WV Mountain Mama (I don't need to visualize whirled peas. I'm a mom, I've SEEN them.)
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To: WV Mountain Mama

You take care yourself and I'll see ya around.:)


55 posted on 03/08/2006 12:53:19 PM PST by Mrs.Nooseman
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To: Cagey; Mrs.Nooseman; Diana in Wisconsin; bfree; Graybeard58; CSM; metesky; wanderin; sitetest; ...

WalMart may not be perfect (who or what is) but I think this is really a bit over the top.


56 posted on 03/08/2006 12:57:43 PM PST by Gabz (Smokers are the beta version)
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To: sam_paine
Ah, but what other example of fascism do people actually, readily know about other than the Nazis?

Not too many, unfortunately. Of course, you wouldn't necessarily have to use fascism, you could use any recognizable totalitarian ideology. Perhaps Soviet imagery could have been used, or even more relevant in light of recent events, some of the Islamic theocracies or Arab dictatorships. Or maybe the point could have been made with text alone.

None of those possibilites would have illustrated the point as perfectly as the Nazi book burning picture. But they also wouldn't have produced the inevitable, immediate backlash that occured, and the subsequent retraction and bad publicity for WalMart.

57 posted on 03/08/2006 12:58:23 PM PST by timm22
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To: Gabz

I agree!!!


58 posted on 03/08/2006 1:02:13 PM PST by Mrs.Nooseman
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To: Cagey; Gabz
This so trivializes a real horrific event... I'm almost speechless. Almost.

I'm really glad on reflection, that the other side is so sophmoric.

I'll bet that this modern Don Coyote will take the first cash offer Wally makes.

59 posted on 03/08/2006 1:20:00 PM PST by metesky ("Brethren, leave us go amongst them." Rev. Capt. Samuel Johnston Clayton - Ward Bond- The Searchers)
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To: WV Mountain Mama
Walmart is the largest private employer in our state

Wal-Mart is the largest private employer in the country. They employ more people than the U.S. government if you exclude the military.

60 posted on 03/08/2006 1:23:39 PM PST by Graybeard58 (Remember and pray for Sgt. Matt Maupin - MIA/POW- Iraq since 04/09/04)
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