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Home » Daily Blog, Featured, Trademark

Non-profit Turf Wars: The Challenges When Every Group Is “For the Cure”

Submitted by Carrie Ellen Sager on March 10, 2011 – 8:00 AM26532 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F03%2F10%2Fnon-profit-turf-wars-the-challenges-when-every-group-is-for-the-cure%2FNon-profit+Turf+Wars%3A+The+Challenges+When+Every+Group+Is+%22For+the+Cure%222011-03-10+13%3A00%3A25Carrie+Ellen+Sagerhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D2653

Here’s a survey: which of these things are you most likely to give your charity dollars to?

1. Feeding orphans

2. Building houses for the poor

3. Challenging unconstitutional government actions

4. Suing small nonprofits for trademark infringement

Now, I don’t have any data on this, but I suspect most of us would not choose number 4. So the Susan G. Komen Race for the Cure is risking the alienation of a lot of people when it spends almost a million dollars a year defending its trademarks. Even supporter Stephen Colbert was inspired to lend his particular brand of criticism to their actions, which seem to go against the most basic principles of charity. Does it really matter which cancer-fighting organization money goes to? After all, these groups are all working toward the same goal, right?

Well, not really. The current fundraising climate for nonprofits is bleak, and competitiveness is increasing. If two groups have very similar names, the risk that someone will mistakenly give money to one when it meant to give to the other is a very real threat for a group. This problem is compounded by the existence of the internet, as evidenced by woundedwarriors.org, the site of an Omaha charity, which the Wounded Warriors Project, a similarly-named Florida charity, says received $2.2 million in donations intended for its group.

This confusion can also be a problem for donors who want their donations to make as big an impact as possible. Susan G. Komen has four stars on Charity Navigator, a website designed to rate the efficiency of national charities, and Uniting Against Lung Cancer, which runs Kites for a Cure, has a respectable three, but other groups may be too small or too new to receive similar positive ratings. A donor who thinks their money will mostly be spent on research or treatment programs may be funding overhead on a group that is run inefficiently or even corruptly.

This problem isn’t new. The predecessor to the organization I used to work for called itself the Committees of Correspondence, a title that should by all rights be in the public domain as an historical artifact. However, in the late 80s and early 90s, a Massachusetts drug prevention group and a democratic socialist group both began using the same name; suffice it to say, there was some unhappiness about the situation. Although it never went to court, this may have had more to do with the fact that none of the groups had any money for legal fees.

And that may be what makes the Susan G. Komen situation so distasteful to most people. Komen pulls in almost $300 million a year, while the organizations they go after are much smaller and don’t have the resources to argue that there isn’t actually a risk of confusion. Komen comes across as a bully, more interested in helping themselves than helping others. It may be a good idea from an intellectual property standpoint, but from a PR standpoint, Komen might be better served by backing off, at least a little.

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About the Author:

Author: Carrie Sager

Carrie Ellen Sager is a 3L at Washington College of Law. In addition to intellectual property, she is interested in internet policy and reproductive rights. She received her Honours B.A. from the University of Toronto in 2005 and worked in nonprofit web communications prior to law school. Besides blogging for the IP Brief, Carrie is Executive Editor of the Journal of Gender, Social Policy & the Law.

Carrie Sager has written 16 posts for the IPB.

26532 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F03%2F10%2Fnon-profit-turf-wars-the-challenges-when-every-group-is-for-the-cure%2FNon-profit+Turf+Wars%3A+The+Challenges+When+Every+Group+Is+%22For+the+Cure%222011-03-10+13%3A00%3A25Carrie+Ellen+Sagerhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D2653 »

  • Eric Perrott says:
    March 10, 2011 at 10:35 PM

    It's weird – on one hand I want to say "Trademark bullying: it's not just for giant corporations!" but then another part of me thinks that Race for a Cure has effectively marketed the phrase for years now, and they should enjoy the benefits of the goodwill they've invested in their mark. If any _____ for a Cure ended up being a scam or something like that, Race For a Cure might be irreparable harmed. However, it certainly doesn't help that the organizations they are targeting are small charities trying to help. I saw another article on IPBrief that talked about how "bad PR" can be a powerful non-legal result from a suit, and maybe Race for a Cure should consider that.

    Plus I still won't drink Monster Energy Drinks after they went after a delicious Vermont craft beer brewery.

    Reply to this comment »
  • Griffin M. Barnett (@griffinbarnett) says:
    September 1, 2011 at 7:07 PM

    Purple Heart Veterans Foundation being sued for trademark infringement: http://t.co/c8HFeWG // kinda reminds me of: http://t.co/GWlZszt

    Reply to this comment »

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