Grand Old Party of Teabaggers and Business has Infringed Energizer Bunny Trademark for a Decade

Yesterday Dailykos diarist, 'the girl', hit the recommended diary list with her post of the powerful impact one person may produce in the simple act of shining bright light into the dark space created by deception.

The inherent power over an adversary that is achieved by lying is particularly odious in application to public affairs.  Large sums of money are invested by private concerns to intentionally distort public understanding of matters of great importance, like the current policy debates on health care or climate change, for example. 

Big Tobacco and Big Oil have spent enough money in recent decades to create and sustain whole industries designed for the single purpose of misleading citizens and the decisions of our policy-makers in public affairs.

Because fairness is not part of the organization charter, corporate concerns have only the bottomline at stake which ultimately requires directors --NOT to equitable policy debates but-- to maximize shareholder value.  And, so, we documented the secret memo series through which Big Tobacco bought the GOP half of American party politics to deceptively achieve protection from legal liability beginning in 1994.

So, the big money behind the teabaggers has been trained on the biggest lies for decades already.

When 'the girl' found them also infringing the Energizer Bunny trademark (the prohibited, unfair use of a registered corporate icon) with its use in attacks on public health care policy plans, her notification of the trademark owners at Eveready was enough to move them to consider legal action

We thank you for alerting us about this unauthorized use of the Energizer name and trademarks and we have passed this information to our legal department.

To demonstrate the significance of the issue, 'the girl' cited the Eveready Battery Company's prosecution of the trademark case under WIPO juridisdiction.

As a result of EBC’s use of the Mark and Icon, its advertising and promotional efforts and expenditures in connection with the Mark and Icon, and the wide recognition achieved for the Mark and Icon, the public has come to associate the Energizer Bunny Mark and Icon with the products and services originating with, emanating from, sponsored by or otherwise associated with or approved by EBC. In addition, both the Mark and the Icon have become extremely valuable symbols of EBC with substantial commercial magnetism, and have become famous.

She covered several different approaches to tackling and exposing apparent teabagger fraud and deceit, in Boom goes the teabag.  I think the diary of 'the girl' should be read entirely as a model of civic activism proving what one person can do and achieve effective results! 

I don't think 'the girl' expected her ray of truth to immediately provide further illumination of just how unoriginal, old and tired are the Republican leadership arguments in this story.  Her actions made very clear how corrupt the current teabagger leadership has proven in the cynical abuse of trademark rights.  

But, in fact, her example is simply the present-day regurgitation of the Republican Policy Committee original infringement of the Energizer Bunny trademark, as early as July 2000 when they used it to attack the last Democratic President's health care policy agenda!

7 - 27 - 00     He Keeps Going, and Going. . . Medicare Plan Makes Clinton the Energizer Bunny of Government-Run Health Care

Republican Policy Committee Infringes Energizer Bunny Attacking Healthcare Ten Years Ago

So 'the girl' has found a recycled teabag that's been steeping for a full decade (maybe earlier, see 'Healthcare list'). Not only are the teabaggers currently willing to abuse the intellectual property rights claimed in the 'Energizer Bunny' brand, they've done so after taking the lead set by the Republican Policy Committee in the Senate, a decade ago.

[Remaining text of July 2000 'Republican Policy Committee Energizer Bunny' health care attack talking point memo].


In 1994, the horror that was the Clinton health plan (a.k.a. ClintonCare, HillaryCare, etc.) died a slow, well-deserved death. The American people rejected the plan's price controls, its one-size-fits-all benefits packages, and the prospect of a government bureaucrat coming between patients and doctors. But President Clinton is nothing if not persistent. Since then he has tried to sell his failed health care plan to the American public piece-by-piece. His latest scheme to subsidize prescription drugs for everyone up to Bill Gates and Donald Trump is just another piece of his overall strategy for a government takeover of the health care industry.

The President hasn't tried to keep his strategy a secret. On September 15, 1997, he told a union audience of his failed health care plan:

What I tried to do before won't work. Maybe we can do it another way. That's
what we've tried to do, a step at a time until eventually we finish this.

Sometimes he has succeeded; sometimes he's failed. But each time he retrenches and keeps pushing to
give government bureaucrats more control over Americans' medical decisions.

Destroying Private Health Insurance

Every step of the way, the first piece of the President's strategy has been to cripple private
health care. This allows him to use the problems he himself has caused to argue for more government

Most recently, he has pushed a so-called "Patients' Bill of Rights" that would allow trial lawyers to devour employers who provide health coverage to their employees. While he claims this would benefit patients, the President knows employers would drop coverage to protect themselves from
lawsuits, causing millions of Americans to lose their health coverage.

The President doesn't just know this would happen, he's counting on it.

Expanding Government Control Over Patients

As the intended and unintended consequences of government interference aggravate patients
and providers, President Clinton plays to this frustration by calling for more government control.

A One-Size-Fits-All Benefits Package. Patients and providers often become frustrated by the rigidity of employer-based health coverage. Rather than fix the ways government contributes to that rigidity, President Clinton adds to it by advocating benefit mandates that require all Americans to buy the same coverage, irrespective of their needs or ability to pay.

Government-Run Children's Coverage. When nationalizing health care insurance proved
too big a bite of the apple, the White House decided on smaller bites. Their first bite: children. A
back-up plan developed by First Lady Hillary Clinton's health care task force called, "Option 3: Kids
First Coverage," gave them the guidance they needed to bring them closer to their final goal of
government-run health care:

  This proposal is designed in two parts, which will be implemented simultaneously:
(1) The quick coverage of children -- 'Kids First'; and (2) the development of structures for transitioning to the new system and the phasing in of certain population groups.
[White House Health Care Interdepartmental Working Group, 4/9/93]

Rather than look at the many ways government makes health care unaffordable for families with
children, Bill and Hillary Clinton claimed uninsured children needed government coverage, knowing that
this was in fact "a precursor to the new system." They got their wish in 1997 when they pushed through Congress the State Children's Health Insurance Program (P.L. 105-33).

Government Coverage for Near-Retirees. Next, President Clinton used the fact that many
uninsured Americans are just a few years from being Medicare-eligible to argue for expanding the
Medicare program to people as young as 55.

Government-Run Prescription Drug Coverage for Seniors. The President recently
proposed a prescription drug benefit for Medicare recipients. Naturally, his proposal would destroy
the private market (which already covers 70 percent of seniors) as employers and others drop
coverage. Medicare premiums would triple within 10 years. The President's plan also would add new
layers of mandates and bureaucracy to an already beleaguered Health Care Financing Administration,
which, according to the General Accounting Office, is still "in the early stages" of implementing the
mandates Congress passed four years ago.

For the sake of America's seniors, Congress should defeat President Clinton's final attempt to implement HillaryCare.

So, the civic activism of 'the girl' that she presented in "Boom goes the teabag." had its own substantial impact by exposing current unfair practices of the teabagger artifact created by the public affairs deception industry. But she also cast a bright light onto the fact that GOP leadership that is supposed to be the banner-carrier and friend of business has been willing to infringe intellectual property rights in order to advance its own deceptive public policy agenda.

And as we listen to the House debate of health care provisions on this Saturday night, the irrelevance of medical liability to overall health care costs (aka the farce of 'tort reform') is another one of the deception industry talking points paid to be injected into the debate.


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Are you serious? The average OBGYN here in Florida pays over $200,000 in malpractice insurance premiums per year. In Ohio, the average plastic surgeon pays over $150,000 in malpractice premiums. Over 70% of all doctors admit they request extra procedures only to cover themselves from frivolous lawsuits. To say tort reform is a deception shows a complete lack of knowledge of the medical industry. I would say "The Girl" is a deception.

attributions by the AMA and insurance friends of the bulk of costs to litigation and related insurance.

They jumped on board of litigation challenged industries outcry during late 80s and early 90s despite the evidence not being there, or being selectively manufactured.

For a recent/current read on realistic numbers, see standingup's "Some Facts on Tort Reform."

"I hope we shall crush in its birth the aristocracy of our moneyed corporations which dare already to challenge our government in a trial of strength, and bid defiance to the laws of our country." - Thomas Jefferson