Progressive Activists MoveOn.org Sued by Louisiana for Using State Tourism Slogan on Billboard

An interesting new case in
Louisiana pits free speech against intellectual property law and a
major progressive activist group against the state.

Louisiana is suing liberal political action
committee MoveOn.org
for trademark infringement for using the state’s tourism
slogan, “Pick your passion,” in a billboard critical of Republican
Gov. Bobby Jindal. 

It would seem like a bit of an overreach for the state to want
exclusive domain over such a generic slogan, but the way MoveOn
used it was obviously a play on the tourism motto. In a message
critical of Jindal’s opposition to Obamacare’s Medicaid
expansion, the MoveOn billboard says: “Pick your Passion! But
hope you don’t love your health. Gov. Jindal’s denying Medicaid to
242,000 people.” 

The state is now taking legal action against MoveOn in federal
court.

In a statement announcing the suit, Lt. Gov. Jay Dardenne said,
“MoveOn.org has every right to attack Gov. Jindal, the state’s
refusal to accept Medicaid or, for that matter, me personally. But
they do not have the right to use our protected service mark, which
is used solely for the purpose of promoting and marketing
Louisiana. We own the mark and its use is under the direction of my
office, not the Office of the Governor.”

Because MoveOn is a liberal group openly critical of GOP Gov.
Jindal, some are suggesting that
the lawsuit is politically motivated. But barring vindictive
government conspiracy, there are still legitimate First Amendment
issues at stake. 

“Neither Governor Jindal nor Lt. Governor Dardenne will silence
MoveOn members,” the organization said in
a statement. “This billboard is protected by the First
Amendment’s guarantee of freedom of speech. Instead of wasting our
time and theirs with a pathetic attempt to suppress criticism of
the state government, state officials should focus on helping
nearly 245,000 Louisianans access Medicaid.”