Don't Mess With Texas... Or, Well, Don't Use That Slogan As A Book Title Or Texas Will Sue

from the moron-in-a-hurry dept

Mon, Aug 29th 2011 9:06am — Mike Masnick

You've probably heard the phrase "don't mess with texas." It's pretty widely known in general, but what you might not know is that the phrase is actually trademarked by the Texas Department of Transportation as a part of an anti-litter campaign. I had no idea. Anyway, the state is quite upset that anyone might think of the phrase in any context other than combating litter. Stephen S. Power alerts us to the news that the state has sued over a romance novel with the phrase as its title. And they're going all in. They've sued the publisher of the book, Hachette Book Group, and the author, Christie Craig, and they're even going after Barnes & Noble for daring to stock the book.

Amazingly, the state doesn't even seem to want to hide the fact that it's flat out abusing trademark law. Remember, trademark law is only supposed to prevent confusion and no "moron in a hurry" is going to think that the Texas Department of Transportation has put out a bodice ripper novel. And rather than allege that, the state seems to just be saying that it doesn't like sex:

"The book," TxDOT's suit says, "contains numerous graphic references to sexual acts, states of sexual arousal, etc."

They're afraid that this will harm their ability to keep the streets clean of litter. I'm not quite sure how. Of course, if you look, it appears that TxDOT does, in fact, have a number of federal registered trademarks on the phrase. I went through them all and not a single one appears to be for books, however. There are things like clothing, signs, luggage tags, beverage holders, garbage bags, "plastic squeeze flashlights," etc. But nothing about books.

Here's hoping the defendants do decide to "mess with Texas" and teach them a little something about trademark law.

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Filed Under: don't mess with texas, texas, trademark, txdot

43 Comments

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fogbugzd (profile), 29 Aug 2011 @ 9:12am

It looks like they are trying to censor material someone at the Texas DOT doesn't approve of. Too bad the Texas DOT isn't familiar with the concept of "Freedom of Speech" or that pesky First Amendment thing.
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- Some Other Guy (profile), 29 Aug 2011 @ 11:58am
  
  Re:
  Freedom of Speech? I heard that judges get to ignore that in cases where money is involved... http://www.techdirt.com/articles/20110826/15450015708/federal-court-invents-new-intellectual-propert y-right-money-makes-it-so-exclusive-right-to-record.shtml
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paulpuri (profile), 29 Aug 2011 @ 9:21am

Don't they know...
That sexy times and sexy times books keep people busy from doin other bad things? Like littering?

And kids..... Don't do sodomy....
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- :Lobo Santo (profile), 29 Aug 2011 @ 9:27am
  
  Re: Don't they know...
  Hey, a BJ makes your day but anal makes your hole weak.
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  - Dark Helmet (profile), 29 Aug 2011 @ 9:39am
    
    Re: Re: Don't they know...
    Mother of god, that is the funniest thing I've heard in weeks....
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    - :Lobo Santo (profile), 29 Aug 2011 @ 9:42am
      
      Re: Re: Re: Don't they know...
      Thanx. I can't take the credit though, a friend stumbled me something with that in it, & it just stuck in my head.
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Anonymous Coward, 29 Aug 2011 @ 9:25am

They should rename the book - "Everything's bigger in Texas"
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- David (profile), 29 Aug 2011 @ 10:17am
  
  Re:
  Or maybe "Not everything is bigger in Texas" :)
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Anonymous Coward, 29 Aug 2011 @ 9:30am

I think that the book could create confusion. It isn't just a question of the old "moron in a hurry", but also a question of it appearing that Texas tourism might approve of this book.

It could certainly lead to confusion about the State of Texas being involved with such a work.
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- E. Zachary Knight (profile), 29 Aug 2011 @ 9:32am
  
  Re:
  Seriously?
  
  How?
  
  I just can't fathom the connection.
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- MrWilson, 29 Aug 2011 @ 10:02am
  
  Re:
  That's still a "moron in a hurry" scenario.
  
  If you asked a "moron in a hurry" if he thought the Texas DOT would publish or support the publishing of a bodice-ripper novel that has nothing to do with transportation, regardless of what the title of the novel was, he'd like say, "no."
  
  You could call it, "The Texas Department of Transportation Officially Endorses this Romance Novel" and the "moron in a hurry" would probably have a good suspicion that the title was disingenuous.
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- PaulT (profile), 30 Aug 2011 @ 9:42am
  
  Re:
  To be fair, we are talking regular morons here, not Techdirt AC troll super morons. It's quite possible that one group would be confused and the more intelligent group being examined would not...
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Anonymous Coward, 29 Aug 2011 @ 9:37am

Trademark abandonment
There are things like clothing, signs, luggage tags, beverage holders, garbage bags, "plastic squeeze flashlights,"

And Texas DOT has been actively selling �clothing, signs, luggage tags, beverage holders, garbage bags, �plastic squeeze flashlights�� during the past three years?

A mark shall be deemed to be �abandoned� if either of the following occurs:

(1) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for 3 consecutive years shall be prima facie evidence of abandonment. �Use� of a mark means the bona fide use of such mark made in the ordinary course of trade, and not made merely to reserve a right in a mark.

Or Texas DOT has just tried �merely to reserve a right in a mark� for those �clothing, signs, luggage tags, beverage holders, garbage bags, �plastic squeeze flashlights��.
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- BeachBumCowboy, 29 Aug 2011 @ 10:01am
  
  Re: Trademark abandonment
  "And Texas DOT has been actively selling �clothing, signs, luggage tags, beverage holders, garbage bags, �plastic squeeze flashlights�� during the past three years?"
  
  Actually. Yes they do. They sell that stuff all the time as part of their anti-litter campaign with the "Don't Mess with Texas" logo on it.
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- Wilson, 29 Aug 2011 @ 10:48am
  
  Re: Trademark abandonment
  They have road signs with the slogan all over the state, so I don't think abandonment would work.
  
  The best way to show displeasure would be not to mess with Texas: don't visit there, don't buy anything produced there. Total boycott.
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  - nasch (profile), 30 Aug 2011 @ 7:43pm
    
    Re: Re: Trademark abandonment
    The best way to show displeasure would be not to mess with Texas: don't visit there, don't buy anything produced there. Total boycott.
    
    Also don't vote for anybody from there.
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    - Wood, 3 Nov 2011 @ 6:05am
      
      Re: Re: Re: Trademark abandonment
      That's hilarious... boycott everything from Texas. Have fun pedaling yourself to work - for starters. All the hate for Texas... if I were you, I'd research a little bit more before jumping on the bandwagon. Thanks for the laugh, I needed that!
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fb39ca4 (profile), 29 Aug 2011 @ 9:39am

The moral of this story is:
"Don't mess with the Texas DOT"
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Benny6Toes (profile), 29 Aug 2011 @ 9:45am

moron in a hurry
I'll do you one better and posit that no moron in a hurry even knows that the phrase has anything to do with an anti-litter campaign. Seriously. I've been called a moron on numerous occasions, and I always seem to be rushing, and I had no idea what the phrase was about until I looked it up a few years back after reaching the end of the interwebs.
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Anonymous Coward, 29 Aug 2011 @ 10:06am

Obviously sex is dirty so you could make a connection with littering.
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Ninja (profile), 29 Aug 2011 @ 10:17am

Reversal.. Texan?

Anyway, I thought of Texas as more sexually liberal with manly men but they don't like sexually suggestive books? LA should transfer its gay parade, Texas seems a better place for it ;)

Now seriously, how twisted can this IP (trademark/copyrights) become... Just add some fundamentalist moralism to it and what the fuck it's the cataclysm.
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- Sean T Henry (profile), 29 Aug 2011 @ 1:38pm
  
  Re:
  There are only two things that come from texas steers and overly aggressive intellectual property rights.
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David (profile), 29 Aug 2011 @ 10:19am

I don't see why they needed a trademark
In fact, why would any government agency apply for a trademark?

Plus it looks more like free advertising to me...
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mjb5406 (profile), 29 Aug 2011 @ 10:21am

Sex Doesn't Exist
Well, considering their governor, Rick Perry, is in denial about so many things that have been proven in nature, it wouldn't surprise me that the whole concept of "sex" is foreign to the state government there.
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Anonymous Coward, 29 Aug 2011 @ 10:40am

Don't Mess with Texas: The Story Behind the Legend [Hardcover]
Hopefully this doesn't get filtered as spam. A Google search on the phrase turned up this other book from Amazon. I think this is relevant to the story here...

Amazon.Com: Don't Mess with Texas: The Story Behind the Legend [Hardcover]

Tim McClure (Author)
Roy Spence (Author)

List Price: $24.95
Price: $18.96 & eligible for FREE Super Saver Shipping on orders over $25.
You Save: $5.99 (24%)

Ships from and sold by Amazon.com. Gift-wrap available.

Only 2 left in stock--order soon (more on the way).

Editorial Reviews

Product Description

In December 1985, a bumper sticker bearing the words 'Don't Mess With Texas' began appearing on pickup trucks across the Lone Star State. There was no explanation, no sponsor, just those four words and a small red, white, and blue Texas flag. Fast-forward 20 years to 2006. Today, the longest-running public service campaign in Texas is also the most successful anti-litter campaign in history. Until now, only a handful of people knew the true stories behind the legend: the stories of the famous commercials and the stories about dozens of the biggest and brightest Texas stars who donated their time and considerable talents to help Texas reduce litter on its highways by an astonishing 72 percent.

About the Author

Tim McClure is a brand architect, author, filmmaker, and
legend builder. He is one of the founders of GSD&M, one of America's most successful advertising agencies. He is also the creator of the legendary "Don't Mess With Texas" slogan and antilitter campaign.

Roy Spence is also a founder of GSD&M. He has been profiled in USA Today, recognized as an "Agency Innovator" by Advertising Age, and named "Adman of the Century" by Texas Monthly magazine.

Is Texas DOT behind this Don't Mess With Texas book?

�
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- Anonymous Coward, 29 Aug 2011 @ 10:48am
  
  Re: Don't Mess with Texas: The Story Behind the Legend [Hardcover]
  I would guess that this is the "official book", using the trademark with permission. The porn book isn't.
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DOlz (profile), 29 Aug 2011 @ 10:41am

Not without protection
Whenever I've heard that phrase I've always added, unless you're wearing thick rubber gloves.
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candide08 (profile), 29 Aug 2011 @ 10:42am

Ok let's f#$! with Texas instead.
Let's give Texas back to Mexico, they want to secede anyway.
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Anonymous Coward, 29 Aug 2011 @ 10:45am

"They're afraid that this will harm their ability to keep the streets clean of litter. I'm not quite sure how."

By keeping another romance novel from existence, thereby preventing someone from throwing that drivel out the window ...?
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Anonymous Coward, 29 Aug 2011 @ 10:45am

Have they trademarked, "Fuck You, Texas!" yet?
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- mike allen (profile), 30 Aug 2011 @ 12:44am
  
  Re:
  now thats a great idea for a bumper sticker.
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- mike allen (profile), 30 Aug 2011 @ 12:44am
  
  Re:
  now thats a great idea for a bumper sticker.
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sehlat (profile), 29 Aug 2011 @ 11:09am

I, for one, am grateful to the Texas Department of Trademark Abuse
Without their unstinting efforts to bring this novel to my attention, I might not have bought the Nook edition at Barnes and Noble.

All Hail The Master Of Our Literature!
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sehlat (profile), 29 Aug 2011 @ 11:22am

Gotta laugh.
The next book in the series is:

Blame It On Texas
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Anonymous Coward, 29 Aug 2011 @ 11:27am

Complaint [PDF]
TxDOT v Craig complaint

� Count I - Trademark Infringement
[15 U.S.C. � 1114]

� Count II - Blurring
[15 U.S.C. � 1125(c)]

� Count III - Dilution (Tarnishment)
[15 U.S.C. � 1125(c)]

� Count IV - Dilution (Texas State Law)
[Section 16.29 of the Texas Business and Commerce Code.]

� Count V - Unfair Competition
[15 U.S.C. � 1125]

� Count VI - Request for Temporary Restraining Order, and Temporary and Permanent Injunctive Relief
[15 U.S.C. �� 1116(a) and 1125(c)(1)]
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Anonymous Coward, 29 Aug 2011 @ 12:25pm

Aug 24 Update: Author can 'mess with Texas' all she wants
�Judge: Author can 'mess with Texas' all she wants�, by Christopher Calnan, Staff writer, Austin Business Journal, Wed, Aug 24, 2011:

A federal judge in Austin has denied the Texas Department of Transportation�s request for a restraining order in a trademark infringement case regarding a romance novel entitled �Don�t Mess With Texas.�

Following a Monday hearing, U.S. District Judge Sam Sparks denied TxDOT�s request.

[...more...]

(Via Houston Press Hair Balls blog.)
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illuminaut (profile), 29 Aug 2011 @ 12:42pm

like many other people, they're simply confusing owning the trademark to a slogan with owning the slogan.
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Lord Binky, 29 Aug 2011 @ 12:44pm

Isn't it obvious?
This book promotes littering with it's characters and their hastily discarded garments. This is directly against the whole Don't Mess With Texas anti-litter campaign, sheesh it's right there....
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Greg G (profile), 29 Aug 2011 @ 12:47pm

TxDOT
I live in Texas. In New Braunfels (near San Antonio.) I can attest that TxDOT is full of idiots.

All you have to do is drive on the roads here and you wonder who the hell designed this crap.

Seems like their lawyers are equally stupid.
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BongoBern (profile), 29 Aug 2011 @ 1:11pm

Messin' with Texas
There's an excess of Texas which is what most of us don't like about it.
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- Lord Binky, 29 Aug 2011 @ 1:13pm
  
  Re: Messin' with Texas
  I always thought there was an excess of Rhode Island.
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DinDaddy (profile), 29 Aug 2011 @ 3:27pm

It IS related to littering
They are plainly concerned that Texas residents will purchase the book because of the title, be disgusted with the sex contained therein, and fling the book out their car windows, causing extra litter.

Can't believe you missed that connection.
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H enry Richard Mears, 29 Aug 2011 @ 7:43pm

Trademarks
First off, Lets think about this, if Texas didn't have a Lawsuite we wouldn't have heard about it. Is this lady from Texas, I am, "Ole Elpaso", oops just "Elpaso", sorry!! That, I'm afraid, is trademark infringment, and I could get sued if I used it in the title of something I wrote! and I love Ole Elpaso's Taco fixings! but I di-gress, Although, they are right about one thing, trademark laws were designed to prevent confusion, for who registered the slogans first. And every Texan owns the "Slogan" Don't Mess with Texas. Seriosly, I've lived in upstate New York most of my life,But I'm still a Texan! I had no Idea that thats what the slogan ment, So here in New York, when they find out I'm from Elpaso Texas, I say Don't Mess with Me! or I'll get the rope! LOL. Hmmmm I wonder if Ole Elpaso trademarked "New York City, Get the Rope"! No that would be "Owning the Slogan" I think. I also think that if the TxDOT was behind the "Documentary book" it would be trademarked,don't Yall!!Reading through, You've got the right Idea, But I'll Boycott the book, There is enough smutt, and i love smutt, on the internet, and isn't it time to stop killing trees for no good reason! Cause this book isn't a gooden!Oh I'm sure the author has a great imagination, and just seeing the cover i think It should be called "Come, Mess With Texas"! No puns intended, or is it!
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