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Verizon Wireless Loses Court Challenge
On December 11, New Jersey federal district court judge Mary L. Cooper threw out a nine-count lawsuit filed last year by Verizon Wireless (doing business as "Cellco Partnership") against CWA.
Verizon Wireless argued that CWA's 2002 media campaign against Verizon Communications, which had parodied the VZ Wireless advertising slogan "Can You Hear Me Now? Good," violated federal and state trademark laws.
CWA's media campaign targeted Verizon Communications for its threatened layoff of thousands of union workers just before the holidays, in violation of the contract. Radio, television and print ads featured union workers raising questions about Verizon's labor policies, pointing out why the proposed layoffs were unfair, and asking "Verizon: Can You Hear Us Now?"
Verizon Wireless, which is 55 percent owned by Verizon Communications, argued that trademark laws prevented CWA from commenting on Verizon's labor policies by using a parody of the Wireless slogan. Judge Cooper disagreed, finding that the trademark laws were intended to prohibit "commercial" activities, not the type of labor speech involved in the CWA campaign.
Verizon Wireless also claimed that CWA's campaign created "confusion" by using the slogan of a different company - Verizon Communications. But the court found that any claimed injury to Wireless was "self-inflicted" since it had voluntarily chosen to share the common name, thereby assuming the risk that consumers might think that the two companies were identical.
Since CWA's messages were meant to create public support for Verizon workers, they fell within the classic definition of a labor dispute and were not actionable, Judge Cooper determined. The court also dismissed defamation and other claims against the union.
In July 2003, arbitrator Shyam Das agreed with CWA that Verizon's layoff of union workers had violated the union contract. The company was ordered to reinstate 2,300 employees with full back pay and the company agreed to reinstate another 1,100 in districts where arbitrations were still pending.
Verizon Wireless argued that CWA's 2002 media campaign against Verizon Communications, which had parodied the VZ Wireless advertising slogan "Can You Hear Me Now? Good," violated federal and state trademark laws.
CWA's media campaign targeted Verizon Communications for its threatened layoff of thousands of union workers just before the holidays, in violation of the contract. Radio, television and print ads featured union workers raising questions about Verizon's labor policies, pointing out why the proposed layoffs were unfair, and asking "Verizon: Can You Hear Us Now?"
Verizon Wireless, which is 55 percent owned by Verizon Communications, argued that trademark laws prevented CWA from commenting on Verizon's labor policies by using a parody of the Wireless slogan. Judge Cooper disagreed, finding that the trademark laws were intended to prohibit "commercial" activities, not the type of labor speech involved in the CWA campaign.
Verizon Wireless also claimed that CWA's campaign created "confusion" by using the slogan of a different company - Verizon Communications. But the court found that any claimed injury to Wireless was "self-inflicted" since it had voluntarily chosen to share the common name, thereby assuming the risk that consumers might think that the two companies were identical.
Since CWA's messages were meant to create public support for Verizon workers, they fell within the classic definition of a labor dispute and were not actionable, Judge Cooper determined. The court also dismissed defamation and other claims against the union.
In July 2003, arbitrator Shyam Das agreed with CWA that Verizon's layoff of union workers had violated the union contract. The company was ordered to reinstate 2,300 employees with full back pay and the company agreed to reinstate another 1,100 in districts where arbitrations were still pending.