TXU Unhappy About Logo On Protest Float

Downwinders at Risk, an activist enviornmental group, has built a parade float that features Governor Rick Perry planting a kiss on a smokestack. The float was built to show opposition to Perry fast-tracking the building of 11 new coal-powered power plants in Texas. The enviornmental group believes the new plants would add more pollution to our already polluted air.

But TXU doesn't like the float one little bit. That's because the smokestack on the float carries the logo of three energy companies. The TXU logo is one of the three. TXU sent the group a letter demanding that they take the logo off the float, and threatened legal action if they didn't.

Yesterday, Paul Levy of Public Citizen, and the group, Downwinders at Risk, both sent letters to TXU replying to their demand. Both letters denied that the use of the logo constitutes trademark infringement. Levy said, "Apart from the other silly claims in your letter, your apparent assumption that members of the public need corporate permission before they may use trademarks to depict companies that they want to criticize is simply false."

Experts in intellectual-property issues agreed with the protesters. John Allison, a professor at the University of Texas at Arlington, said, "They're making fun of these companies. That's not trademark infringement. It's pure political speech, and that's about as constitutionally protected as you can get."

It looks like the logo will stay on the float, even though TXU is upset. Yesterday, the float followed the Perry campaign bus as it went around north Texas. These enviornmentalists have been joined recently in opposition to the new plants by several mayors, including the mayors of Dallas and Houston. Opposition to the plants is growing, because TXU has opted not to use the cleanest technology available. Their new plants would pour tons of carbon dioxide and other pollutants into the air. If Perry is not re-elected, it could be a serious blow to the building of the new power plants. All of his opponents are against the building of the plants without cleaner technology.

The other two companies whose logos are on the float, Texas Industries and Ash Grove Cement, have not complained.