ITQ Online Outrage Tracker: You got trademark law in my climate change debate!

UPDATED -Added comment from Jennifer Wright – thanks to BigCityLib for the tip. …
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by kadyomalley on Tuesday, June 24, 2008 10:18am - 0 Comments

UPDATED -Added comment from Jennifer Wright – thanks to BigCityLib for the tip.

If you haven’t been following this story, this post is chock full o’ background info – and be sure to skim the comment thread too, including this exchange, in which I bring up the niggling question that eventually inspired me to put together this timeline.  Reposted here, too, for the click-averse:

  • comment by Deb Prothero on Tuesday, June 24, 2008 at 3:52 am:The company was fine with it and the Liberal’s website included a disclaimer at the bottom of the page indicating the difference right from the beginning. Green Shift was fine with the situation until they were bombarded by phone calls today from SDA and her cohorts in the blogosphere. They’ve each reported on their individual phone calls and each raised the temperature of the situation.I suspect if Green Shift’s Jennifer Wright could just take a deep breath and ignore the bloggers bugging her on the phone, she’d see the benefit of having traffic driven to her website.
  • comment by Kady O’Malley on Tuesday, June 24, 2008 at 5:56 am:Deb — do you have proof of that? I’m not asking in a snarky way — I had exactly the same thought last night, while trying (unsuccessfully) to get to sleep: WHY would random people start flooding a company with phone calls just because of a name collision?I mean, were these existing customers that were suddenly unsure whether they had been inadvertently dealing with a political entity? Or were these ostensibly ordinary people, with no previous awareness of Green Shift Inc., who were suddenly so filled with confusion that, rather than simply read the website — which is where they would have landed, presumably, while searching for information on the Liberal Green Shift — they would go to the trouble to make an irate phone call? It just doesn’t make any sense — unless, that is, there was a covert campaign to besiege the company with calls in order to freak out the owner, and escalate the situation to the next level.I’m going to see what I can dig up, but if you have any examples of posts – or comments, or anything else – exhorting people to call up Green Shift and rant about a supposed connection to the Liberals, please post them here, or send them along.

I’ll update this timeline with any new information that comes in on posts/comments/threads that predate the original post on Crux-of-the-Matter/Jack’s News Watch. Please feel free to send in any additional material, or post it in the comments.

Note: All times approximate except where noted; in the absence of accurate timestamps for original (ie unedited posts), the timestamp on the first comment has been used instead.

June 19

10:30 a.m.

Liberal Leader Stephane Dion launches the Green Shift, including a new, dedicated website at http://www.thegreenshift.ca

11:19 am (note: possibly CST, not EST)

In a thread on the Liberal Green Shift on the eBrandon.ca message board, bcglorf posts the following:

Is there a website for the liberals proposal? greenshift.ca is a private company site and I couldn’t find anything about the new liberal proposal on it.

June 20

In a column entited “Carbon tax means pain, but also gain”, Globe and Mail Report on Business columnist Madelaine Drohan mentions Green Shift, Inc. – an “environmental consulting business” which, she suggests, could “benefit” from the Liberal plan due to increased traffic to their similarly-URLed website:

In the meantime, one Toronto environmental consulting business is probably already benefiting from the Liberal plan. Traffic on the website of Green Shift, located at www.greenshift.ca , has undoubtedly risen as a result of people looking for more details on Mr. Dion’s plan called The Green Shift, at www.thegreenshift.ca

Of the 44 comments on the post, not one mentions the possibility of confusion between the two domain names, although many are highly critical of the Liberal plan for other reasons.

June 23

10:55 am

Crux of the Matter blogger “Sandy” is the first blogger to raise the issue of a possible trademark infringement, in a crosspost to both her own blog, and Jack’s Newswatch. According to the timestamp on the first comment at JNW, that post appears before  She credits the find to a “regular reader”, and includes a H/T to “Bert” on the crosspost.

11:37 am

in the comment thread at JNW, “Babylonian” claims to have “just” gotten off the phone with a “very professional … lady” :

I mentioned to her what I have been hearing, and asked her simply right away if they were affiliated with the Liberal party, she almost “knee-jerk” shot back by saying “NO”. She mentioned that they are dealing with them on the issue. Seems like a no issue to me, Liberals should “cease and dismantle” before this thing grows. I made it clear that I was an engineer who was interested in possobily doing business with them, which I am, but wanted to make sure they have no political affiliation. I honestly don’t care what party someone belongs to, but when your company starts supporting getting involved in some policitical plan, I don’t have the stomach for that………………THIS IS NOT THE CASE WITH THEM AT ALL. To be honest, she seemed annoyed with whole situation[.]

The comment also includes the phone number for Green Shift Inc.

2:08pm

Splatto of A Step to the Right links to the original post on Crux-of-the-matter, at approximately .  He also claims to have called the company himself, independently, to inquire as to whether there was any relationship between the Liberal Party and a “private company.”

According to his post, the company already seems to be aware of the issue, and suggests that they have “lost both new business and existing clients since Thursday who have been frightened off at the perception of a relationship between them and the federal Liberal Party.”

It’s unclear whether his call was made before or after that from Babylonian, whose account of the conversation would suggest that he or she gave the company the impression that the potential link with the Liberals would cost at least one prospective client.

Splatto’s post also includes Green Shift Inc.’s contact information, including phone number, and encourages readers to call in to show “support” for the company.

2:47pm

Small Dead Animals picks up Splatto’s post.

3:12pm

Splatto’s post takes the top spot on National Newswatch.

Note: The timeline stops here, because in my experience, once a story — or a blog post – is given a prominent spot on NNW, it’s just a matter of time before the rest of the media outlets follow/match it. At that point, it belongs to the world.

ADDENDUM: Well, except for this, which seems relevant to the discussion:

June 24

2:57 am

Green Shift, Inc. proprietor Jennifer Wright posts a comment to Crux-of-the-Matter. In it, she defends the company’s decision to  selectively take action against the Liberal Party for use of the phrase “green shift” while ignoring the “odd” use of the phrase in other contexts (including at least one that predates her claim to continual use):

Having Canadas Liberal Party use the term for what essentially amounts to an environmental program, as opposed to our environmental program, and dealing with thousands on misdirected garbage emails … including a bunch from people thinking that we should like it – ugghhh!!

Interestingly, she also posts an example of a “garbage email” that, as noted in the comments by BCL, appears to have been sent by an conservative American blogger of undefinable and possibly non-existent political persuasion (and, as such, not likely  to be a defender of the Liberal Party, or its Green Shift) that was apparently sent after the story hit the news (and cannot, as such, be definitively linked to name confusion).

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  • Northern PoV

    Well the tempest in the blog-pot seems to have blown over.

    Hey, old Brian M. ruined the term “revenue neutral” for all time and who wants to sell a policy called tax, war or whatever.

    So, can we get back to debating policy rather than displaying ignorance of trademark law? (or shouting “crazy, screw etc”)

  • http://deleted Sandi

    Does this woman not realize that she’s being USED by Tory bloggers/trolls, etc. just to try to get back at Liberals? She can’t be that dumb.

    She also made a choice not to pursue the TM at this time – didn’t she leave the door open?

    Letting herself be “used” by the Tory supporters is letting herself be affiliated with a political party it would seem to me.

  • geiseric the lame

    “…She can’t be that dumb.”

    cut her some slack and give her some time to sort it out. no doubt in my mind she’s that annoyed.

    consider the mental capacity of people who managed to drag up her phone number without realizing its not the Liberals.

  • Scott M.

    Or, more likely, realizing it ISN’T the Liberals and calling just to be a pain.

  • geiseric the lame

    “Or, more likely, realizing it ISN’T the Liberals and calling just to be a pain.”

    you gotta figure that’s one penny that’ll drop sooner or later.

  • SERENDIPPITTY-DO-DO

    Contact Us: 416-925-9665 / info@GreenShift.ca

    Seems rather odd to me that GreenShift would have only a Toronto phone number and a commercial referral list of 299 entities, including water services in a couple municipalities. Am I the only one who smells an exaggeration of the ‘implied harm’ done here?

  • Wascally Wabbit

    Kady – great minds yadda yadda yadda…
    I came to the same conclusion and wrote about it on Susan Delacourt’s blog before she pimped your research…
    The Greenshift lady is the net beneficiary of all this…I used to have a website for my business where the domain name was the same – coincidentally – as that for a much larger company in Europe in the same business…only difference – I had registered the .CA and .ORG suffixes…
    no lawyer of theirs bugged me to cease and desist – nor – sadly – did they make me any stupendous offer to buy out my domain names…

  • Scott M.

    They’ve now published an odd page on their website, called “Unwanted Politics”. I guess they don’t get that most of the callers were trying to use them…

    http://www.greenshift.ca/greenshift_unwanted_politics.html

  • Deb Prothero

    Hi Kady;

    Sorry got busy for hours after I posted and didn’t see your response. You did gather up the posts that I had read about the phone calls and emails being directed from SDA and others in the Blogging Tories. I don’t usually go to those blogs but I noticed Crux of the Matter first and followed the threads, as you have done. I counted 21 different comments on several blogs (that’s why I posted at that hour of the day) indicating phone calls made on Monday to Green Shift. All of them seemed to escalate the situation.

    I could try to look for those 21 phone call comments but don’t actually have the time. Would you like me to post a scan of my little groups of five slash marks on my scratch-pad beside my computer? :-)

    Essentially my comment on your blog arose from my little adventure of seeing a comment that is off-colour or raises suspicion. I followed it for a couple of hours, then posted my impression to your blog.

    Next time, in the interest of journalistic integrity, I shall keep a list of my adventures – just in case, Kady calls again! :-)

  • Pingback: GreenShift: Who’s On The Program ** | Jack’s Newswatch

  • http://www.GreenShift.ca Jennifer Wright

    Regarding: comment by Deb Prothero on Tuesday, June 24, 2008 at 3:52 am: this persons statement about us is absolutely 100% false. ie. “…fine with it until…” Never, Ever were we fine with it and we made that clear the moment that we were informed. That being said, 6:30 the night before hardly constitutes warning!!!!! who is patrolling this site – the enquirer???

  • Geiseric the Lame

    there IS something amusing reading about woes of getting dragged down by political baggage on a page draped with official NDP colours.

    btw, “the” is getting WAY more traffic than null, so I think most folks sorted it out pretty quickly.

  • Pingback: Green Shift Inc. claims to have received “…numerous angry and threatening calls and emails …” : Inside the Queensway : Macleans.ca Blog Central

  • Wayne

    Hey Jennifer : (you said) who is patrolling this site – the enquirer??? = now that is funny – way to go lady keep up the good fight. You might find a fair amount of bitter left wing nuts on this forum this is to be expected as they are in constant frustration because we have a Conservative gov’t in power and the leader of the Liberals has basically been AWOL for 2 years until of late and the only leader of the opposition is from the third party in seats – I can’t wait for the next confidence motion when the house opens as Dion’s hail mary will have arrived – can anyone possibly imagine him trying to whip the party into abstaining then …..

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