Charity Governance

INTELLECTUAL PROPERTY MAY BE INTANGIBLE, BUT IT IS STILL PROPERTY: CHARITIES BEWARE

DATELINE:  January 29, 2010, Chicago

Chicago’s venerable Sun-Times recently carried a story regarding a lawsuit filed by McDonald’s against a student who conducted a fundraiser for the Special Olympics under the name McFest.  Cheryl V. Jackson, McDonald’s in Beef Over Trademark with Chicago Teen (January 26, 2010).  The student, Lauren McClusky, filed for a trademark on the name.  McDonald’s...

RELIGIOUS GROUPS ENLIST SENATOR SPECTER TO TAKE WHAT IS NOT THEIR’S

DATELINE: February 11, 2008, Chicago

About ten days ago, we wrote about a number of churches that were upset over the NFL's crackdown on the rebroadcast by churches of the Super Bowl feed at church-sponsored events on Super Bowl Sunday. We had and continue to have no sympathy for these church groups. There is absolutely no question that the Super Bowl feed represents private property rights, giving the NFL the right to control how others use it.

Certainly these church groups wouldn't want Senator Arlen Specter telling them how they should conduct their affairs. They would be quick to argue protection under the First Amendment. That's why we find it so disturbing that...

THE CLASH OF RELIGIONS: COPYRIGHT LAW CARRIES THE DAY

DATELINE: February 2, 2008, Hong Kong

Although Hong Kong has been unseasonably cold and foggy this past week, it has not been cold enough to remind us that Super Bowl Sunday is now upon us.  But in perusing the Washington Post online after a tasty dinner of Peking Duck, we came upon Jacqueline L. Salmon’s article entitled, NFL Pulls Plug On Big-Screen Church Parties For Super Bowl (February 1, 2008).  Seems that after partaking of good old fashion religion on Sunday morning, some...

NETWORK FOR GOOD V. UNITED WAY OF THE BAY AREA: A CASE THAT HOLDS MANY LESSONS FOR CHARITIES AND THEIR BOARDS

DATELINE: October 22, 2007, Chicago

Last Friday (Oct. 19, 2007), the Superior Court for the County of San Francisco issued its tentative findings of fact and conclusions of law in Network for Good v. United Way of the Bay Area. Coming in at 87 pages, the opinion is not only too long, but it is treacherous going, relying on highly technical interpretations of accounting entries and presentations. It would be easy to dismiss this opinion as involving a unique set of facts that are unlikely to repeat themselves. That would be...

THE LAWSUIT BETWEEN JOHNSON & JOHNSON AND THE RED CROSS OFFERS VALUABLE LESSONS TO CHARITIES: THE MOUSE THAT ROARED

DATELINE: January 25, 2007, Chicago

12345 9 or 10
Money can't buy you back the love that you had then
       Feist, from the Reminder (aka the iPod Nano song)

On August 8, 2007, Johnson & Johnson (J&J) filed suit  against the American Red Cross (ARC) over alleged trademark infringements by ARC. As we understand the dispute, J&J claims that it owns the trademark for the "Red Cross" symbol before ARC even came into existence. Despite its alleged ownership, J&J acknowledges that ARC has certain rights in the trademark which were acquired through act of Congress and licensing agreements with J&J.  According to J&J's complaint, ARC and its licensees have been using the trademark to promote commercial products that compete with J&J's line of products. J&J contends that this use exceeds ARC's right to use the trademark in furtherance of its charitable mission.

ARC responded on September 20, 2007, with a 48-page answer.  Not only does ARC...