Constant's pations

If it's more than 30 minutes old, it's not news. It's a blog.

Saturday, November 13, 2004

Misrepresentations: Can corporations compel you to use certain terms?

It's unclear that any corporation can compel you to use a term when referring to a generic thing.

If we are to speak of specific things, we could be requested to use a name; but the responsibility for enforcing the trademark falls upon the firm to consistently use the term in a manner that is clear and consistent.

We dissect the caselaw.

The issue of corporate control of free speech


Surely a command that the government itself shall not impede the free flow of ideas does not afford non-governmental combinations a refuge if they impose restraints upon that constitutionally guaranteed freedom. Ref

In other words, you cannot compel me to use a "specific term" when I am not talking about a company, but a generic object.


Misrepresentations, condoned in the political arena, are not immunized when used in the adjudicatory process. Opponents before agencies or courts often think poorly of the other's tactics, motions, or defenses and may readily call them baseless. One claim, which a court or agency may think baseless, may go unnoticed; but a pattern of baseless, repetitive claims may emerge which leads the factfinder to conclude that the administrative and judicial processes have been abused.

Does one always have the right to argue "the wrong point" in order to compel someone to speak in a certain manner, or to refer to nebulous objectives in certain ways?

Nay, for a free nation, doth give free men, the power to entice the fly with butter, while calling it honey and lead a nation in errant disregard for truth;

But a far larger corporation doth not lend its credibility when it twists honey into sand; or dust into wind.

If the manicure to which you stand upon is truly a shield and a spear, then behold -- you must use that spear and shield, never shirking in the wake.

I speak of the moon, but you compel me to use the name of the Almighty;

I whisper of the Sea, and you compel me to speak of Atlantis;

I point to the sky; and you dare accuse me of not submitting to the Holy Sun.

I shall not bow down to the moon, nor dream of ancient seas, nor submit to the empty sky.

Indeed, if those truly are your monicres, then let yourself bow down only to those words who compel others to use; and you are, by your own standard, required and compelled to use the term.

You must when speaking of Godly things, say the God.

When you whisper of a shuttle, you must only use Atlantis.

And when you speak of the sunday school, you must use the words Holy Sunday school.

So, do not put words into my mouth; nor compel me to assent to vernacular and twists of the tongue which have no meaning to me.

Indeed, if you truly wish the world to use the "correct term" at least have the decency in your images, logos, and labels to clearly stated that any and all uses of this object are to be done only in the following manner.

And, to wit, you should also ensure that all images, photos words, that you have displayed also use your complete images, word, etc.

Do not compel the world to use a phrase that you, yourself are not willing to use as you have commanded others.

If you compel others to use "the full version of the phrase" then you must also meet that standard; but if you choose to give yourself liberties and exceptions, then there is no reason that the rest of the world should be compelled to use a word that you have not consistently used yourself.

This is to say, if you are going to twist the words of anyone, then do not be surprised when you are held to the standard that you impose on others and then asked for an explanation.