Brillo - a magazine dedicated to the inclusion of marginalized voices in emerging communications technologies - has been online since April 6 of 1996. Changes in life and situation led us (myself and Wendy, our graphic designer) to put Brillo aside for close to five years. So Brillo's been sleeping since 1997.

But recently, I received a cease and desist letter from Church & Dwight Co., Inc., makers of BRILLO® scrubbing pads and Arm & Hammer Baking Soda®. Their corporate lawyers were deeply concerned that my use of a modified version of the BRILLO® trademarked logo would cause confusion to the public, and lead to irreparable damage to the nearly billion-dollar company. Predictably, they threatened to sue me for trademark infringement unless I remove the graphics that resemble BRILLO® trademark logos.

Trademark infringement, however, requires:

1. that the contested use give rise to a likelihood of consumer confusion,
2. that the mark is used for commercial gain, and
3. that it is not significantly modified or intended as parody.

Brillo Magazine can hardly be confused with a consumer outlet for cleaning supplies, is and always will be noncommercial, and uses the modified logos as a parody of the American culture of feminine hygiene. So, Church & Dwight Co., Inc.'s claims of infringement are largely a shameful display of school yard bullying.

But, no matter how baseless and misleading Church & Dwight Co., Inc.'s claims are, we should be concerned here. We should be alarmed at the way that corporations are sending baseless threat letters to private citizens and cultural producers under the guise of trademark and copyright protection. And similarly, we should be alarmed at the way that the law is being interpreted only by the letter and not by the intent, in order to cater to corporate advertising whims at the expense of freedom of speech and the vitality of language.

But don't take my word for it. Take a look at our exchange of correspondance...and make up your own mind.