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Docta
25 Oct 2005, 05:34 AM
nytimes.com (http://www.nytimes.com/2005/10/24/business/24onion.html?ei=5087&en=da8771b785b26e13&ex=1145764800&adxnnl=1&mkt=bizlink1&adxnnlx=1130236321-/xW4efdJMQlqnxRUsnWAgQ)

October 24, 2005
Protecting the Presidential Seal. No Joke.
KATHARINE Q. SEELYE

You might have thought that the White House had enough on its plate late last month, what with its search for a new Supreme Court nominee, the continuing war in Iraq and the C.I.A. leak investigation. But it found time to add another item to its agenda - stopping The Onion, the satirical newspaper, from using the presidential seal.

The newspaper regularly produces a parody of President Bush's weekly radio address on its Web site (www.theonion.com/content/node/40121), where it has a picture of President Bush and the official insignia.

"It has come to my attention that The Onion is using the presidential seal on its Web site," Grant M. Dixton, associate counsel to the president, wrote to The Onion on Sept. 28. (At the time, Mr. Dixton's office was also helping Mr. Bush find a Supreme Court nominee; days later his boss, Harriet E. Miers, was nominated.)

Citing the United States Code, Mr. Dixton wrote that the seal "is not to be used in connection with commercial ventures or products in any way that suggests presidential support or endorsement." Exceptions may be made, he noted, but The Onion had never applied for such an exception.

The Onion was amused. "I'm surprised the president deems it wise to spend taxpayer money for his lawyer to write letters to The Onion," Scott Dikkers, editor in chief, wrote to Mr. Dixton. He suggested the money be used instead for tax breaks for satirists.

More formally, The Onion's lawyers responded that the paper's readers - it prints about 500,000 copies weekly, and three million people read it online - are well aware that The Onion is a joke.

"It is inconceivable that anyone would think that, by using the seal, The Onion intends to 'convey... sponsorship or approval' by the president," wrote Rochelle H. Klaskin, the paper's lawyer, who went on to note that a headline in the current issue made the point: "Bush to Appoint Someone to Be in Charge of Country."

Moreover, she wrote, The Onion and its Web site are free, so the seal is not being used for commercial purposes. That said, The Onion asked that its letter be considered a formal application to use the seal.

No answer yet. But Trent Duffy, a White House spokesman, said that "you can't pick and choose where you want to enforce the rules surrounding the use of official government insignia, whether it's for humor or fraud."

O.K. But just between us, Mr. Duffy, how did they find out about it?

"Despite the seriousness of the Bush White House, more than one Bush staffer reads The Onion and enjoys it thoroughly," he said. "We do have a sense of humor, believe it or not."

purple_octopus
25 Oct 2005, 06:09 AM
Is it just me, or does this article sound like it's *from* The Onion? Does Bush realize this makes him look like an ass? (Not that he needs much help, mind you.)

Shlep
25 Oct 2005, 07:26 AM
Is it just me, or does this article sound like it's *from* The Onion? Does Bush realize this makes him look like an ass? (Not that he needs much help, mind you.)

I've often said that I've found that in a lot of ways, politics moreso than most others, it's become harder and harder to differentiate between satire and reality; I believe this is why so many real newspapers have tripped up used The Onion as a source before being called out on their goof.

I'd say this is the pinnacle of that phenomenon.

turdferguson
25 Oct 2005, 08:14 AM
I believe this is why so many real newspapers have tripped up used The Onion as a source before being called out on their goof.

I love the story The Onion ran concerning a retractable roof to be built on some states capital and the Chinese state paper ran it as a display of American excess.

BigSugar
25 Oct 2005, 08:53 AM
since when is protecting a trademark or copywrite a waste of money? if you're not going to protect it, why have it in the first place?

Orville Wrong
25 Oct 2005, 10:58 AM
Admittedly, I've never even played an intellectual property attorney on TV, but copyrighted material can be used under a fair use exception for parody, not sure about trademark. Trademark protects against an unauthorized use creating confusion in the marketplace. But where is the "marketplace" in which this could cause confusion? How can this cause real damages?

Saturday Night Live has been using the seal in their sketches for as long as I can remember. Wonder whether they applied for the exception or just haven't been rumbled yet.

GISRICK
25 Oct 2005, 11:03 AM
Maybe if the President read the Onion and realized how f@#king funny it is he'd relax and enjoy it.

skidminix
25 Oct 2005, 11:04 AM
Maybe if the President read the Onion and realized how f@#king funny it is he'd relax and enjoy it.
Honestly, I don't think he'd get it.

Wondertastic
25 Oct 2005, 11:08 AM
it's the classic: "either you're with us, or against us" mentality. next the white house will hold a press conference to say that the onion is giving the terrorists hope. how many more years of this?

GISRICK
25 Oct 2005, 11:17 AM
Honestly, I don't think he'd get it.
This is true...very true

artfag
25 Oct 2005, 01:50 PM
since when is protecting a trademark or copywrite a waste of money? if you're not going to protect it, why have it in the first place?
I agree. Though I don't support Bush I do respect the seal. It should be respected.

Wondertastic
25 Oct 2005, 02:02 PM
it is funny how the concerns of the american people is just static, but if the presidential seal is used in satire, the white house gets to work right away. what a waste of time. the seal has been used satirically for years and it's not like bush is the first president the onion has made fun of.

icehouse
25 Oct 2005, 02:07 PM
My town seal is trademarked. BigSugar has a very valid point. We had to trademark it to stop people from wanting to use it in their election stuff. Yet, this is very different to me. It is almost impossible to moniter and stop people from using Presidential seal. It's everywhere.

artfag
26 Oct 2005, 01:52 PM
it is funny how the concerns of the american people is just static, but if the presidential seal is used in satire, the white house gets to work right away. what a waste of time. the seal has been used satirically for years and it's not like bush is the first president the onion has made fun of.
I don't think anyone is backing up Bush here. The dolt should be made fun of along with every ignorant bastard who voted for him. But the postion of leader of the States should be held in high regard.

Shlep
26 Oct 2005, 08:10 PM
By the way: what the HELL has been going on at The Onion lately with their Web development people? The past few issues they've had broken links or links to old content, and this week I've not even been able to get to the server but one time, where I got an index page that looked like a simple FTP site.