Wal-Mart Files Suit Over Satire

Published on April 13th, 2006

Posted by KB in General

He needs to find a different theme. But Wal-Mart should bugger off.

I agree that this is tasteless. The problem is, it is also satire. I don’t see how Wal-Mart can win this case, assuming the guy can stay the course and fight it.

Wal-Mart has filed a federal lawsuit over a warped version of its logo appearing on T-shirts and on a Web site with the word “Wal-ocaust” in blue over an Iron Eagle clutching a yellow smiley face.

Charles Smith, a 48-year-old computer repairman from Conyers, Ga., began selling T-shirts reading “I (heart) Wal-ocaust” last year, and he displays the more elaborate logo on his Web site.

When Wal-Mart Stores Inc. found out, it requested a cease-and-desist order, calling the phrase and logo tasteless. Smith responded with a federal lawsuit in March asking a judge to decide if he can continue.

Wal-Mart’s recently filed countersuit says Smith “seeks to cloak his illegal commercial activities under the mantle of the First Amendment.” It asks the court to dismiss Smith’s complaint and stop him from displaying or producing the logo. It also seeks undetermined damages.

“Smith’s tasteless enterprise demonstrates that he is attempting to profit from his repulsive wares, not merely expressing his misguided opinions about Wal-Mart,” the lawsuit says.

Since when is Wal-Mart against “attempting to profit from repulsive wares”?

All that said, I agree with the following sentiment [from Creative Loafing]:

Deborah Lauter, Southeast director of the Anti-Defamation League, says that comparing Wal-Mart to the Holocaust cheapens the tragedy experienced by the Jews during World War II. She says she sent a letter to Smith asking him to reconsider the message on the shirts.

Related Links:
Charles Smith’s Walocaust.com
Press Release from Public Citizen

17 users responded in " Wal-Mart Files Suit Over Satire "

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# 1 Drew said, on April 13th, 2006 at 10:02 am

Poor Wal-Mart. I bet sales are down at least .000000001% over this.

# 2 AB CD said, on April 13th, 2006 at 10:06 am

You really seem to hate Walmart. Do you like the idea of them forming a bank?

# 3 Matt Hecht said, on April 13th, 2006 at 10:07 am

As tasteless as the shirt may seem, it’s somewhat relevant when you consider what Wal Mart has done to Mom & Pop stores across the United States.

# 4 RTaylor said, on April 13th, 2006 at 10:11 am

Maybe a ticket to Birkenau will demonstrate how tasteless it is. Don’t go near these camps without stopping. It’s an object lesson in humanity.

# 5 moss said, on April 13th, 2006 at 10:11 am

To continue the OT comment:

Don’t underestimate the number of Congressmen owned by WalMart. They’ll go ahead with banking if and when the regulatory requirements imposed on all other banks are waived. At least enough to give WM some advantage.

If you followed the whole “secure ports” brouhaha through Congress to it’s predictable end, you witnessed the complete gutting of any realistic security requirements — because WalMart said it would affect their pricing.

# 6 SN said, on April 13th, 2006 at 10:17 am

“comparing Wal-Mart to the Holocaust cheapens the tragedy experienced by the Jews during World War II.”

WWII was not the first holocaust nor will it be the last. And satire without hyperbole is impossible.

# 7 blastum said, on April 13th, 2006 at 10:21 am

“cheapens the tragedy experienced by the Jews during World War II.” Should we play “My tragedy is worse than yours?” Is the tragedy of the Jews greater than, say, the industrial lives and slaughter of billions of cage-raised chickens every year? Does it eclipse the thousands of innocent civilians killed by American troops in Iraq in the last few years? Is it more or less than the several thousand killed in the world trade centers collapse? How does it compare to an honor student killed in an automobile accident? And does time cheapen tragedy? We have slavery, the Roman conquest of the western world, the destruction of Jerusalem in AD 70.

Tragedy is what it is. It stands by itself whether it is contemporary or historical, whether people laugh or even remember it. People who complain about their tragedy being worse merely show their selfish interests when they say such things.

# 8 Mike Voice said, on April 13th, 2006 at 10:54 am

Is the tragedy of the Jews greater than, say, the industrial lives and slaughter of billions of cage-raised chickens every year?

Without a doubt.

# 9 Mike Voice said, on April 13th, 2006 at 10:57 am

Do you like the idea of them forming a bank?

If they have to abide by all the rules and regulations other banks do, then I have no problem with it.

# 10 Mr. Fusion said, on April 13th, 2006 at 11:17 am

Since when is Wal-Mart against “attempting to profit from repulsive wares”?

Maybe that could be Smith’s defense.

…comparing Wal-Mart to the Holocaust cheapens the tragedy experienced by the Jews during World War II.

True, and he should stop for this reason, if for no other.

# 11 Mr. Fusion said, on April 13th, 2006 at 11:26 am

7
Is the tragedy of the Jews greater than, say, the industrial lives and slaughter of billions of cage-raised chickens every year?

yes, the very idea of comparing human lives to poultry is beyond words…

Does it eclipse the thousands of innocent civilians killed by American troops in Iraq in the last few years? /i>

many many times over

Is it more or less than the several thousand killed in the world trade centers collapse?

many many many times over, about 2,000 times as many

How does it compare to an honor student killed in an automobile accident?

two different subjects, but still yes

And does time cheapen tragedy?

no, it may lessen our personal pain or memories, but the tragedy will be, forever, infamous.

# 12 Brady J. Frey said, on April 13th, 2006 at 1:20 pm

He’s not misusing the logo — sure it’s a satirical representation, but the font on each logo is not the same. Walocaust uses Arial (that horrid font microsoft poorly designed to step away from paying a license fee for helvetica), and Wal-Mart was always a customized version of typical sans-serifs. About the only arguement is the ‘wal’ and ’star’, dropping the star could avoid the limitations, unless, and probably, the government was dumb enough to allow ‘wal’ to be copyrighted in a name (though walgreens is in the clear and waldrug). So the look and feel is a mimick, but not a copyrighted rip off.

Regardless, the holocaust reference is a point of symbolism by taking a horrid event well known throughout generations and slapping it on a company that envisions family values under questionable morals… and how is that different than any other social rip?

Pointless, and I hope it tarnishes Wal-Mart a step further.

# 13 Rick said, on April 13th, 2006 at 1:51 pm

6. above said it best…no one worries that saying something is a “nuclear bomb” of a whatsit…or that something was a massacre…massacres and atomic weapons are terrible…sure…and usually what gets called such hyperbole is nothing even close to those kinds of horrors…but, it isn’t speaking about those things…it is comparing to create a statement…nothing more…and, when did the Nazi/Jew horrors corner the market on the term holocaust? Yeah, it is certainly a big one…and a recent one…but, there was a time when it was just the next one.

# 14 Professor Tom said, on April 13th, 2006 at 1:54 pm

Hi John.

I hope your eyes pass over this. I just want to say that I subscribed to PC Mag somewhere back around 99-2002 and sorely miss it. In fact, I have thought about subscribing again just to get your column…

I stole your formatting idea (random bold text) and have been using it on my Xanga blog, Professor Tom.

This Wal*mart thing is really getting to me. I might have to finally write about it soon.

peace out
Professor Tom
An Inspired Reader

# 15 Wes said, on April 13th, 2006 at 2:43 pm

Most of his site is about how to buy products from him, rather then a strong logical argument about his frustration at the way Walmart does business.

Makes me think he is just in it to sell t-shirts.

# 16 joshua said, on April 13th, 2006 at 9:04 pm

#15….cool….you seem to be the only one here (besides wal-mart) that has figured that out.

I have given up trying to point out in here that wal-mart is no different than any other business of it’s type….except that it’s not going bankrupt.
I have come to realize that some in here are just elitest. If your in the middle, middle class or below income wise, Wal-Mart is a godsend. I know, because I moved from an area that had wal-mart super stores to an area that regulated them out and won’t allow them in. The difference is mostly in food prices. Food here in the bay area, just 2 hours drive from where most of it is produced is4 times the cost of anywhere else in this country. In Arizona, where a great deal of the food is imported from California, and there are wal-mart super stores, the food is cheap. The sad part is, most of you wal-mart is evil posters probably shop there, or your wives do.

The holocaust is still fresh, and there are still many alive that survived it, thats why it’s not cool to be to glib about it. The families of the gypsy, Jewish, and homosexual victims still live with those memories….so they are just a bit touchy about it.

#7….6 million non-military lives lost in the camps alone make it one hellava tragedy…..the only thing even close to comparable in the last 200 years is probably Cambodia. So please, don’t insult me or yourself with your trivializing word games.

# 17 Mr. Fusion said, on April 14th, 2006 at 5:58 am

15, Having just browsed the site, I disagree. Most of the site seemed to be taken up with the lawsuit and related activities. I agree that there was very little about his frustrations with Wal-Mart. I also believe that some of his graphics were over the top, but I still respect his right to offend and be offensive.

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