Turns out there's big money in shifty business: Liveblogging the Green Shift Inc. press conference

UPDATE:… This Canadian Press story is a fabulous backgrounder, and will make the news

by kadyomalley on Wednesday, July 9, 2008 11:18am - 0 Comments

UPDATE: This Canadian Press story is a fabulous backgrounder, and will make the news conference make considerably more sense – well, as far as the questions go.

10:50:05 AM
Oh, Canadian Press, why must you be such a rebel? In case you’ve not yet seen the wire, the embargo went kaboom approximately ten minutes after we were sternly requested not to go live with the details until the plaintiff—Green Shift Inc. founder Jennifer Wright, in case you’re just joining the festivities—takes the microphone in the Charles Lynch press theatre.

Anyway, now that the organically-fed cat has been let out of the recycleable fair trade bag, I can reveal that she’s suing for the not-inconsiderable sum of $8.5 million, plus a quarter million in punitive and aggravated damages—and asking for a permanent injunction to prevent the Liberals from “passing off” the trademark, a statement acknowledging that they have “directed public attention” to their wares, services or business in such a way as to cause or be likely to cause confusion in Canada.”

10:58:26 AM

Two minutes to go!

11:02:48 AM
And she’s off, introducing herself as the founder of the real Green Shift, which is more than the name of her company, she says, but the program she has been building for the last ten years.

Interestingly, she refers to the Liberal “tax plan.” What an odd choice of words.

11:04:14 AM
She’s not here to discuss “Mr. Dion’s tax plan,” she says, but the lawsuit. So don’t be asking her any tricky questions about carbon taxes and cap-and-trade, y’all.

Who are all these companies and institutions that are “part of the Green Shift,” incidentally? She seems to use the term interchangeably – Green Shift, the company, and Green Shift, the “movement”.

11:06:56 AM
More background on the infamous call from “Liberal representative” Katie Telford who had the “audacity” to call her the night before to give her the heads up on the launch of the Liberal plan and “that fellow” Joseph Mayer. But Wright saves her most concentrated ire for “Who the Hell is Garth Turner?”, who had the nerve to write on his blog that she should be grateful.

11:09:29 AM
Question from Sun Media on how she arrived at the $8.5 million figure. “Marketing experts,” she says. Last year, business exceeded a million.

11:10:34 AM
Asked whether the launch has cost them actual business, she dodges the question; companies are “staying quiet” thus far, although some have asked her to keep their name out of it.

Ironically, she notes, the company has also worked with the Ontario Liberal Party, as well as the federal Liberals. (Maybe, she’s not sure.)

11:12:21 AM
Does she own the trademark? It has been applied for, but it’s not approved—although it has made it through “five” stages so far.

11:12:57 AM
Good question from CanWest: Doesn’t it bother her that the Green Party has a “Green Tax Shift”? No, is the upshot.

Being small, the company hasn’t been able to put advertising on “every” project out there, but there are “at least 15 million coffee cups out there” that were produced by Green Shift, Inc.

11:14:17 AM
Tim Naumetz brings up all those other uses of the phrase “green shift” and suggests that she has seen the term out there. Why does she have a right to the term? She’d be happy to explain, she says, but she really doesn’t. Apparently, there was a tussle over greenshift.com—owned by an American company—which the company eventually abandoned.

As for the British use, she… Is she seriously claiming to have invented the term “green shift”? She is. Wow.

11:17:36 AM
More from Tim, who has done his homework on what Green Shift, Inc. actually does: coffee cups and other supplies, which it provides to companies. “We’re here to be a program for those who want to be leaders,” she says. The symbol and the name Green Shift show that this is a company that people can trust.

11:19:46 AM
And now, Wright delivers short history of trademark law, and an attempt to explain why Elizabeth May’s “Green Tax Shift” is fine, but the Liberal “Green Shift” isn’t.

11:20:59 AM
The CBC’s Rosemary Barton tries to get her to comment on the Green Shift as a plan; she demurs, although she reminds us once again that she is an environmental consultant. “As for the tax plan,” she might be in favour of it; she doesn’t know. She’s not here to slam anyone else’s program, she’s here to get free publicity for her program. Sorry, I meant to get the Liberals to stop using “her” name.

11:23:44 AM
Naumetz wants to know what she means by “tackle” – as in, “tackling pollution.” It seems to involve “assessing” products, but also corporate reputations. “Nothing is closer to my heart than toilet paper,” she says, bafflingly, in mid-tangent about the work she’s done with the pulp and paper industry. She’s here to “harness the power of environmental leaders.” Wait, what?

11:25:47 AM
Asked which government agencies she worked for, she names the EcoLogo program and the US-based Green Seal, but that seems at least partially to have been during her career as an environmental auditor.

It just gets more confusing when Naumetz attempts to figure out exactly which department paid her to wander around asking “What’s in that carper?” “What’s in that flag?” I’m not going to transcribe the whole thing; let’s just say there are uncomfortable silences, and they’re not on Naumetz’s part.

11:29:22 AM
She says she had “offers” of pro bono legal help, but decided that she wanted “someone good”—ouch, poor nameless good samaritan trademark lawyers—and decided to stay with her original lawyer. She’s ready to fight til the bitter end, even if it “bankrupts” the company.

11:30:43 AM
“There’s been a lot of confusion in the media about the trademark versus the company name,” she notes. I have to say I’m still a little confused. “We’ve had to define things that aren’t in the dictionary,” she says, like “biodegradable”! Wait, in 2001, she had to explain to the trademark registrars what biodegradable meant?

The important point is that the Liberals have “done a lot of damage,” she says, which will require “cleaning” the Internet so that the Liberal plan isn’t the only hit that turns up.

“We’re not a common name out there yet,” she acknowledges, but it’s getting out there. People are starting to hear the phrase “green shift” and think of her company, apparently. Or were, until that dastardly Stéphane Dion ruined everything. It could cost as much as $10 million for the company to rebrand, she claims.

11:35:31 AM
SunMedia asks about the risk that the public will see this as the environmental movement “fighting amongst themselves,” which Wright readily agrees is “terrible … These are all our customers!” Really? Which ones, exactly? The lack of any tangible examples of any actual companies who have expressed concern, or pulled their business due to the controversy is… odd.

11:38:24 AM
Also odd, as Naumetz points out, is the absence of any Green Shift products. Where are the coffee cups, the posters, the stuff? Back at the hotel, apparently. “I’m not perfect, Tim,” says a grumpy Michael Krauss, who looks like he’d like this to wrap up soon.

She’s actually giving more details now, in response to queries about where we can actually see her coffee cups in the wild, but again, it’s hard to follow.

11:40:58 AM
Wait, what? Now she’s saying that “Green Shift” actually applies to a “network of companies” that are striving to be environmentally responsible. It’s also the name of her company, and the program offered, and a “concept.”

Meanwhile, Michael Krauss is handing out examples of the Green Shift poster, which was printed in 2008.

11:43:14 AM
Last question: she claims that the Liberal use of the term will “only damage” the company, which prompts her to deliver a rather esoteric manifesto on breaking down barriers—race, gender, you name it—and social justice. And on that inscrutable note, she and we are out of here.

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  • boudica

    I’m sorry… are you suggesting that Bob Fife has a liberal bias?!?!?!?!?!?

  • john g

    no boudica, I’m sure the Conservatives paid him to call them “knuckle draggers” and muse once again about the mythical “hidden agenda” on the CTV National News.

    http://youtube.com/watch?v=ZYCra_DdfQY (from about the 1:00 mark onwards).

  • T. Thwim

    1. Zytaruk didn’t drop a huge lawsuit on anyone. Money involvement makes for more interest by the press.
    2. Zytaruk didn’t hold a press-conference to get his side of the story out. Press-conferences make for more interest by the press.
    3. Zytaruk *has* responded to requests for interviews and delivered his side of the story. Not ducking interviews make for less interest by the press.
    4. When being interviewed, he has on occasion been asked about the veracity of the tape. He provides answers to the questions that seem reasonable — or in other words, don’t leave a lot of room for follow up. Reasonable, boring answers make for less interest by the press.

    Basically, when Zytaruk is asked questions about the audiotape where Harper admits he was aware of members of his party offering financial considerations to Chuck Cadman to bring down the government, he answers the questions with enough detail and frankness that there’s nothing left to ask. The press would basically have to say, “You’re lying, what’s the real story?” which isn’t their job.

    In Ms. Wright’s case, she’s avoided answering questions which leads to further questions, chief among them being “Why are you not answering our questions?”

  • big Daddy

    Holy Crap do none of you people have jobs? Kady gets paid to do this.
    And can we leave her underwear out of it.

    She sez she has a good lawyer…
    MEMO FROM GOOD LAWYER TO BAD CLIENT:
    Stop giving press conferences that destroy our case.

  • Mike Horn

    Wow, or more like Whoa, chill out people. In my experiance some ordinary people go a little bit nuts when dealing with lawyers or the media. No responsible lawyer told her to launch a trademark infringment suit several times larger than her annual revenue. Just like no responsible marketing expert told her to hold a badly prepared news conference in Ottawa during the silly season. Ms W. is clearly making her own decisions and any party loyalty she may feel has not moved her to consult a party strategist. Also theres no way that the cost of her customer confusion is anything as bad as Mr. Dions customer confusion. So if some party hacks are trying to make her seem more sad and pathetic than the Liberal Party of Canada, they have a lot more work to do.

  • http://jimbobbysez.blogspot.com JimBobby

    Wow, or more like Whoa,

    or maybee Whooee!

    Is she seriously claiming to have invented the term “green shift”? She is. Wow.

    In 1996, John Farmer published a book entitled “Green Shift: Towards a Green Sensibility in Architecture”.

    It’s still in print and available from Amazon.

    I figger there was never a case but, like Kady sez, “She’s not here to slam anyone else’s program, she’s here to get free publicity for her program.”

    More power to her! We need creative business people who seize guerrilla marketing strategies and can get the MSM’s attention. I hope she sells a million dixie cups.

    JB

  • David

    This seems to have become more of a political forum, unfortunately. Can’t we just have a little sympathy for a hard working small busines woman who is defending her brand from a percieved theft? She may very well be a Liberal herself [make that ex-Liberal]. The point is she is doing what she can to protect what belongs to her. Think if you were defending your own property, say your house. What would you do? Maybe next time it will be you.

  • Pingback: Shifty green (is that trademarked?) at Bene Diction Blogs On

  • TobyornotToby

    David, why does she need sympathy or money? Where is the damage? She had a news conference and was unable to provide a single concrete example of a loss she experienced as a result of the supposed confusion.

    Trademarks are in place to prevent another business from using your name to sell a similar product, not so a company can buy up sections of the language to control the use of certain words in any context.

  • catherine

    Is she seriously claiming to have invented the term “green shift”? She is. Wow.

    Besides the book, Green Shift Music says they have used that name since the 70′s. I notice the UK has a government program called Green Shift, a Green Shift Taskforce, Greenshift Computers, Green Shift Books, a concerned citizens group Green Shift,…

  • dan in van

    The only damage that to-date has been verified was actually inflicted by busy CON bloggers and phone diallers — obviously available after Oily went ‘splat!’ — who bombarded her company with faux outrage and fearmongering… Like you CONs would pay .05 cents more for an environmentally friendly dixie cup.

  • jad

    Do any of you morons ever think before you post ? If I had a business where I was losing customers because they thought I was associated with a political party, the very LAST thing I would do is start throwing the names of those customers all over the media. They are teed off enough at me already, and any extra publicity would ensure that I would NEVER get their business back.

    Inconvenient for the media, maybe, since you can’t then go and ask those customers for their views, but hey, suck it up. She does not need to provide any details until she makes it into court, and it can probably be done on the basis of numbers, not names, at that point.

  • Mike Horn

    Doesn’t she need to prove that it might really cost millions of dollars to repair the damage? Besides arn’t trademark damage awards related to how much the guilty party has made from the infringment. Like when the World Wildlife Fund made the World Wrestling Federation change it’s name bacause both operations were using the initials WWF to make money.

    Should commercial law be strangling normal public relations practice? If parlimentary speech is protected from libel suits shouldn’t political imagry be above trademark law? And if she is trying to start a movement why not negotiate with the Liberals instead of excluding them. It sounds a little like she offers to help wasteful products, like paper cups seem better by using recycled content. Hands up anyone who’s seen a paper cup recycling bin next to a water or coffe machine.

  • http://cork2toronto.blogspot.com Mark Dowling

    “Interestingly, she refers to the Liberal “tax plan.” What an odd choice of words.”

    Wendy Mesley used them tonight on the National.

  • Compos Mentis

    Ok, I’ve beeen previously censored from not following the posting rules so here goes my (hopefully) p.c. comment.

    I will preface my comment by stating that I am not a trademark lawyer (e.g. temper your rebuttals with that in mind).

    I believe that the LPC lawyers have (actually) got it right! There is no trademark infringement in this case.

    There are several (well known and easily accessible by a google search) examples of words that are in the common lexicon, and therefore are considered “unpatentable” (or trademarkable [if that indeed is a wor]).

    You may not like it, but that doesn’t mean it is illegal, regardless of your politics.

    Oh, and you ROCK Kady! You go girl! ;)

  • Observant

    It appears that Jennifer Wright is adamant about the Liberals relinquishing the “Green Shift” label, because that taints her business with political involvement. She intends to fight it out in court if need be “to the point of bankruptcy”, if I understood her correctly.

    Looks like the Liberal party will have to go to court to save their “Green Shift” plan title, because if they lose that will deep six the whole shlemazl.

    Dion is fighting for his political life now because if the Liberals are forced to change the name, that will be it … and if they persist in using the name, that will be even worse when the courts judgment is rendered.

    With over $12 Million in lawsuits pending, the Liberal party will be financially hamstrung going into the future and trying to raise funds and qualify for bank loans too. Grim ….

  • Compos Mentis

    Observant: I’d like to enter this debate with an acknowledgement that we are entering new ground.

    Trademark infringemnet used to be a fairly uncomplicated affair.

    If I ran a successful company called “Compos Butchers”, selling organic meats and after a few years of struggling to establish myself as a quality premium butcher, someone else opens up another butcher shop next door to me called “Compost Butchers”, I would have an open & shut case.

    Easy to enforce trademark infringement in this situation, isn’t it?

    But we are now living in the internet age.

    Which opens up a whole new world of markets. Markets that were (previously) geologically distinct from another (which is what the majority of trademark law is based upon (e.g. a name in UK is “distinct” from the same name in Canada). (a simplistic example, but bear with me)

    The digital (internet) age changed all that. Suddenly we are all neighbours (just a mouseclick away).

    Opens up huge markets.

    Creates HUGE problems (from a trademark perspective).

    So, how to decide on who’s the real villian here?

    In the end, it depends upon your politics, I suppose.

  • john g

    “There are several (well known and easily accessible by a google search) examples of words that are in the common lexicon, and therefore are considered “unpatentable” (or trademarkable [if that indeed is a wor]).”

    Compos, if that were true then wouldn’t her trademark application have been rejected? I believe it has been recently approved, has it not?

  • Compos Mentis

    john g: I haven’t heard anything about it being approved – only that she has (recently) applied for one.

    I know when the Winter Olympics came to Calgary, the IOC tried to shut down any business with the name “Olympic” in it (for trademark infringement). There was a Greek restuarant that changed its name – only because they didn’t want to incur the costs of litigation (the IOC has very deep pockets). After the Olympics, they changed it back.

  • john g

    Unless I’m mistaken, this would seem to suggest that it was applied for in 2005 and approved on June 27 2008.

    http://tinyurl.com/5quk98

  • boudica

    I can understand Wright not wanting her firm to be associated with a political party but it might be too late for that.

    Given that it has now been widely reported that Con bloggers were behind the calls/emails she received and she, herself, told of several Con offers to provide financial assistance, not to mention Michael Krauss being hired as her PR person, many people will assume that she is politically motivated.

    I just read that Diane Ablonczy released a statement of support for Wright.

    Whether this was her intent or not, she has politicized her product.

    I’m still trying to understand how any lawyer worth his salt would have allowed to hold a media event of the likes we saw yesterday.

  • Compos Mentis

    john g: I stand corrected.

    So I gues what is at stake is whether Ms. Wright can prove trademark infringement.

    From http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm#7:

    “f a party owns the rights to a particular trademark, that party can sue subsequent parties for trademark infringement. The standard is “likelihood of confusion.” To be more specific, the use of a trademark in connection with the sale of a good constitutes infringement if it is likely to cause consumer confusion as to the source of those goods or as to the sponsorship or approval of such goods. In deciding whether consumers are likely to be confused, the courts will typically look to a number of factors, including: (1) the strength of the mark; (2) the proximity of the goods; (3) the similarity of the marks; (4) evidence of actual confusion; (5) the similarity of marketing channels used; (6) the degree of caution exercised by the typical purchaser; (7) the defendant’s intent.”

  • john g

    thanks compos.

    It would appear to me that her claim is weak on point 1, strong on point 2, rock solid on point 3, 4 is debatable, not sure about 5 or 6.

    The defendant’s intent? I wonder how “taxing Canadians back to the stone age (literally)” will fly as a defense.

  • http://www.todaysautonews.com jwl

    John G, Compos Mentis

    I have been reading your back and forth and it got me thinking about trade marks. CM’s post of Harvard website, while useful, is about American law. I just searched around for Canadian equivalent and this was the best I could find:

    http://strategis.ic.gc.ca/sc_mrksv/cipo/

    I am no lawyer, and have no clue about trademark law, but it seems Ms Wright has a case. Whether she wins, or loses, I have no idea but it appears she has good cause to launch lawsuit.

  • boudica

    jwl, if you are not a lawyer and “have no clue about trademark law,” how can you possibly know whether Wright has a case?

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