Girl Scouts Threaten Pro-Life Organization
The Girl Scouts are upset with LifeNews.com (a pro-life organization) because it exposed the Girl Scouts link to Planned Parenthood (the biggest abortion provider). The Girl Scouts decided to send a demand letter that (1) claims there is no relationship between the Girl Scouts and Planned Parenthood, (2) demands that LifeNews.com “immediately cease using the Girl Scouts Logo® on [its] website."
Examining the first claim that there is no relationship between Planned Parenthood and the Girl Scouts, an objective observer can see that there is a link between the two organizations. Even the former Girl Scouts’ CEO admitted to the Today Show that “[w]e have relationships with our church communities, with YWCAs, and with Planned Parenthood organizations across the country, to bring information-based sex education programs to girls[.]” (Emphases added).
LifeNews.com cleverly asks if the Girl Scouts are “neutral on abortion, then why does it refuse ‘to allow pro-life advocacy to count towards badge work’ but ‘reproductive health’ advocacy is specified as meeting GSUSA leadership program objectives?”
The above are just some evidence linking the Girl Scouts to Planned Parenthood. For more evidence click here.
Now, lets examine whether or not LifeNews.com is infringing on the Girl Scouts’ logo. The purpose of a trademark is to prevent people from being confused on where the products and/or services are coming from. LifeNews.com is not claiming they are the Girl Scouts nor are they claiming any endorsement from the Girl Scouts. As a trademark attorney myself, I see no confusion.
The attorney for LifeNews correctly writes in her letter to Girl Scouts:
Considering trademark law, my clients have engaged in the “classic” form of fair use in the sense that my clients have used the Girl Scouts’ mark in a purely descriptive sense to describe the Girl Scouts’ own organization and activity. Similarly, even Mr. Crawford mentioned “the Girl Scouts® logo” in his letter to my client to aid his attempt at clarity. The use of a trademark is often essential to clarify knowledge about [ ] a matter being discussed. Further, because the LifeNews articles do not cause confusion and there is no indication of sponsorship or endorsement of LifeNews by the Girl Scouts, reference to the Girl Scouts’ logo within the LifeNews articles is “nominative fair use.” My clients have only made such use of the Girl Scouts’ mark as is reasonably necessary to identify the Girl Scouts in the news articles.
It is clear to this writer, that the Girl Scouts are just using its big money to bully a small pro-life group. It is time for the pro-life community to respond. Here are a few suggestions:
1. Do NOT buy Girl Scout Cookies.
2. Next time you are asked to buy Girl Scout cookies, gently let the little girl trying to sell you the cookies know that her cookies are blood cookies.
3. Think about donating to a pro-life organizations.