Chamber Of Commerce Sues Yes Men—Fake Press Conference Leads To Real Lawsuit
The Yes Men in disguise in an earlier stunt. (image: gawker.com)
As our Kristy Kershaw reported October 20, the Yes Men staged an elaborate fake news release and press conference (backed up by fake reporters and a fake website) in which the US Chamber of Commerce allegedly threw its support behind the Kerry-Boxer climate change bill.
Unamused by the performance group’s claimed political satire, the US Chamber filed a lawsuit in federal court against the Yes Men, claiming trademark and copyright infringement. As reported by the New York Times on Tuesday, the suit is predicated on the Yes Men’s use of the Chamber’s intellectual property—name, logo, website design, etc.—in furtherance of their “prank.”
The Yes Men claim that their fake conference was protected free speech. The Chamber has cast it as misappropriation of their intellectual property for the Yes Men’s own commercial ends, citing, for example, the movie The Yes Men Fix the World, which opened around the time the staged press conference garnered free press and publicity. (The Yes Men also have a book for sale, available through Amazon, listed on their website.)
The Times article notes that Greenpeace has been challenging the US Chamber, whose stance on climate change they disagree with, through unequivocally legal means: listing high-profile companies that are members of the Chamber even though the Chamber’s environmental policies clash with the companies’ own climate policies. In that sense, the Yes Men’s claim of protected free speech has an echo in Tim DeChristopher’s claim that necessity compelled his fraudulent auction bids: some climate activists take illegal action in their protests, while others are effective using purely legal acts. Given the latter, is the former justified, whether morally or legally or both?
Josh Garrett says: says:
Sam, you clearly have a strong and emotionally-charged dislike for the Yes Men. While you are of course entitled to your opinion, I’d like you ask you to refrain from using eighth-grade insults like the slur for a person with mental disabilities you included in your original comment. Such words have no place in our discussion here.
As for your criticism of the Yes Men’s actions, I’m afraid no one will be “throwing the book at them” as there have been no criminal charges brought against them. The private lawsuit filed against them by the US COC alleges not libel or slander, but copyright infringement, on the basis of the Yes Men’s use of the Chamber’s name and logo. Don’t get your hopes up though–my guess is that the Chamber will lose this battle, as the Yes Men can easily show that their fake press conference was in fact constitutionally-protected free speech and their use of the name and logo was fair use as part of a political statement.
p.s. Not all of the Yes Men are bald.
SAM says: says:
they are stupid, bald and have no respect for the business platform for which they desicrate with their libel and slanderous remarks and actions. throw the book at them and make an example of their foolishness so it is not repeated by any more **** like them.
Kristy Kershaw says: says:
I wonder if the Yes Men could be protected under the Fair Use Doctrine, casting their stunt as a parody, or satire? [http://en.wikipedia.org/wiki/Parody#Copyright_issues] It might be a stretch, but it did smack of parody to me.