Anti-bullying groups clash over similar slogans
T-shirt company says county school's One Less Bully' campaign violates trademark law
Students involved in Oxon Hill High School's "One Less Bully, One More Friend" campaign say they won't be bullied into changing their name.
Ted Thompson, president of the Washington state T-shirt company, One Less Nemesis LLC, and his lawyer told Prince George's County Public Schools officials in March the company has registered "One Less" as a trademark and uses "One Less Bully" as part of that trademark. Company officials said they also been have selling shirts that read "One Less Bully, Stand Together" prior to the November launch of the school's campaign.
"[Thompson] is bullying children on the East Coast," said Jacob Cogman, an Oxon Hill High junior and member of the campaign. "The message we're bringing across is bigger than him or us."
The One Less Bully, One More Friend campaign was started by the Oxon Hill Student Government Association to address bullying problems at the school. There now are about 50 students, many of whom also are in the SGA, involved in the effort. The students educate classmates about the causes and effects of bullying, and offer solutions for students who are bullied.
Oxon Hill's SGA co-sponsor Paulette Brown said the group is looking for a pro bono lawyer who specializes in trademarks and is willing to help them register "One Less Bully, One More Friend" as a trademark.
"The students feel we should not give up," Brown said.
Roger C. Thomas, general counsel for the school system, said the students likely would have to be represented though the Office of Legal Counsel, as theirs is a school-sponsored organization. Thomas said he was unsure whether the school system would be willing to go to court over the issue, but if it did and won, the trademark probably would belong to Prince George's County Public Schools.
Shelley Harper, vice president of One Less Nemesis, said the company has offered to help students with design and printing of T-shirts, but said the group name still must change.
"We don't want to thwart the kids' anti-bullying efforts," Harper said, adding the similarities between the efforts of One Less Nemesis and the Oxon Hill High group make One Less Bully, One More Friend an infringement of the trademark.
Students say the program doesn't need the company's help and that they have no desire to change the name. They continue to wear T-shirts designed with the group's name to school and anti-bullying events.
Students allege the trademark complaint came because they were making money more than $500 they said will be donated to Special Olympics Maryland by selling shirts with the group's name.
"That was the whole problem; we were selling T-shirts," said Jessica Josey, a junior and member of the campaign. "Now he's infringing on our campaign."
Thomas recommended in an April memo to Oxon Hill High Principal Jean-Paul Cadet that the student group stop using the name to avoid violating trademark laws.
"I wanted us to tread carefully on that issue," Thomas said, adding he is not positive the student group's name is trademark infringement, but he wants the school system to avoid a lawsuit.
Calls to Cadet were not returned.
The students, in public comments made at the April 28 school board meeting, sought support from board members to keep the name. The board has not addressed the issue, though board member Edward Burroughs III (Dist. 8) said he has asked Thomas to be supportive of the students' cause.
"It's a shame that someone across the county decided to target a high school anti-bullying program," Burroughs said.
Thompson filed an intent-to-use-trademark application on "One Less" in February 2009; it was fully registered in May 2010, said Russell Tarleton, Thompson's lawyer. Trademarks are based on the likelihood of confusion, Tarleton said, and consumers might confuse the company and the student group if both are selling anti-bullying T-shirts.
There are about 30 registered trademarks that contain the phrase "one less," according to a search on the U.S. Patent and Trademark Office's website. Tarleton said he was unaware whether Thompson had any other trademark infringement concerns with other groups or companies.
Harper emphasized the company supports the students' campaign, but pointed out the company has been developing its anti-bullying efforts since July and would like to avoid any confusion.
"We realized what they're trying to do is synergistic to what we're trying to do," Harper said.
abrownback@gazette.net

