"Clearly, Moviola has a legitimate gripe about this website,"
said John Cain, a trademark lawyer with Howrey, Simon, Arnold &
White in Houston. "Trademarks are established only by using them and
by protecting them. If other people use them, they lose their
value."
No matter, RTMark members said.
"While this situation is established in law, it is not right. If
the law says Moviola must pursue Miranda July for her website, the
law must be changed. And that's really our primary interest: Moviola
is, in fact, no worse than the countless other corporations damaging
various things in the name of profit," said "Ray," another RTMark
organizer.
"This case just seems perfect for illustrating the general
problem. It's especially easy to see how Moviola is being a bully,
and the real value that this threatens to destroy is quite
palpable."
July, meanwhile, was wondering just what havoc she'd helped
unleash. When she initially contacted RTMark, she said, she just
wanted advice about her legal options.
In conversations with Moviola, she tried to strike a conciliatory
tone. Moviola, however, was upset by the barrage of email from
RTMark, and sent a letter to both July and RTMark saying so.
RTMark promptly responded via email. "This decision to undertake
a campaign against your company is NOT Ms. July's. It is ours," the
message said. "We of course hope that Ms. July agrees with our
plans, but this decision to undertake a campaign against you is 100
percent our decision. If you wish to stop it from happening, further
threats against Ms. July will not help; rather, you will have to
threaten us."
By late afternoon Wednesday, July had grown so uncomfortable with
RTMark's campaign that she emailed them and asked them to hold off,
calling the protest "misguided."
"I do not feel that it serves my goals, which are to save my name
through a negotiation with Moviola Digital," she wrote.
RTMark said it would likely honor July's request, though it might
be too late to stop independent activists from targeting Moviola.
"It's tough for us all to back off now, and experience of past
success makes us not want to ... but we'll probably defer to
Miranda's judgment, at least basically," said RTMark's Ray.
"I am afraid she has probably talked to lawyers who recommend
taking the most conservative approach," Guerrero added. "Their whole
approach is usually: 'You could be subject to more abuses, so you
should accept the abuse that they are giving you now.' This is a
huge systemic problem, and that is why we fight this kind of battle
with public opinion rather than relying on the courts."
As far as Moviola's concerned, it's already too late to pull
punches.
"You can't un-ring the bell," Newman said.
"Ironically, RTMark's actions do nothing more than victimize both
Moviola and Miranda July, who are two small businesses trying to
work something out," she added in a subsequent email. "We are still
-- as we have been from the start -- conducting good faith
discussions with Miranda July regarding her use of our name; no
lawsuit has been filed, and we are looking carefully at all of our
options."
RTMark isn't holding its breath for an option that favors Big
Miss Moviola.
"If J&R Film smells blood now," wrote Guerrero, "they will
run Miranda off."