Monday, August 29, 2005

Bitter Greens responds to Monsanto

As I reported Friday, Monsanto contacted me to "request" that I cease using the headline "Roundup, ready," a title I use for an occasional feature that rounds up food-politics news. Below find Monsanto's letter followed by my response.

Dear Mr. Philpott,
I am the trademark and copyright attorney for Monsanto Company, the owner of the Roundup Ready(R) trademark. The attached link is to the Bitter Greens Journal which features the name "Roundup, ready" as the title of one of its features. Roundup Ready(R) is a well known trademark which is registered by Monsanto not only in the United States, but in many countries throughout the word [sic]. As you have pointed out in the column, Roundup Ready(R) is famous in the agricultural industry.

While you have stated in your column that you chose the name "Roundup, ready" in honor of Monsanto's famed line of seeds, we must object to this use and request that you change the name for the following reasons:

1) You are using our trademark without our consent. This use of the term could cause your readers to think that your journal is in some way sponsored by Monsanto or that Monsanto supports the positions set out in your journal.

2) You are using our trademark in an incorrect manner (with a comma and in a way that genericizes the mark). This weakens our trademark rights.

I would appreciate your confirmation that you will change the name of this column and cease using "Roundup, ready" or any form of our trademark as the name of a feature or in an incorrect manner in your journal. We appreciate your cooperation in this matter.

http://bittergreensgazette.blogspot.com/

Very truly yours,

Barb
Barb Bunning-Stevens
Monsanto Corp.
Assistant General Counsel - Trademarks


Dear Ms. Bunning-Stevens,
Although it's comical for a corporation with upwards of $5 billion in annual revenue to harass an obscure blogger who helps run a 2.5-acre farm, the tone of your letter is earnest; so I will reply earnestly.

Your arguments seem specious to me, and I therefore I must refuse to cease using "Roundup, ready" as the title for an occasional feature on my Web log.

You write that "[t]his use of the term could cause your readers to think that your journal is in some way sponsored by Monsanto or that Monsanto supports the positions set out in your journal." Yet my journal clearly presents itself as a "running critique of industrial agriculture," and from its first post on has made no secret of its distaste for Monsanto and its particular style of industrial agriculture.

I doubt you will be able to dig up a single reader who, after perusing a "Roundup, ready" post, will think to himself, "Now this fellow must be on the Monsanto dole!"

To further clarify my position on Monsanto, and to underline my institutional, financial, and ideological independence from it, I'm considering placing a new feature along the left-hand side of my blog. Titled "Bitter Greens on Monsanto," it would be a compilation of clickable headlines to the 15 or so posts that have mentioned your company. Would that go some way toward distancing our two entities?

Nor am I persuaded by the claim that my use of a comma in "Roundup, ready" somehow "weakens [Monsanto's] trademark rights." If I were in the business of genetically altering seeds so that they could withstand copious applications of herbicides, and I were marketing my product under the brand "Roundup, ready," cheekily trying to leverage Monsanto's marketing might and hoping the comma would protect me from copyright troubles, I would certainly tremble in fear on being contacted by a Monsanto attorney. And I would immediately cease and desist that dubious practice.

However, I am selling nothing. I am a polemicist employing (in the case of "Roundup, ready") satire to advance the cause of locally based, organic agriculture. If I'm able with my writing to stop a farmer from buying your product, then it will be due to the force of my arguments, not to any confusion regarding your trademark.

With all due respect, it seems to me that rather than protect your trademark from any serious threat, what you're really trying to do is intimidate a political opponent into ceasing what is surely Constitutionally protected speech. And so, as I stated above, I must decline your request. And I will redouble my efforts to study and write about the practices of your company.

Respectfully,
Tom Philpott
Bitter Greens Journal

423 Comments:

Blogger Dacelo said...

Way to go! I just linked from Counterpunch. Glad to discover your rants. I'm an organic grower too. Have you, by any chance (I haven't checked previous posts yet) commented on Acrylamide In Cooked Foods: The Glyphosate Connection?
http://www.i-sis.org.uk/acrylamide.php

Monsanto: If you hadn't tried to stifle free speech, I never would have discovered this blog. I bet there are others who will become more aware of your practices as a result of your bullying behavior.

8/29/2005 04:20:00 PM  
Blogger Jean said...

I linked from Bob's Links and Rants. Screw you, Monsanto. You were already in my bad books for your actions against Percy Schmeiser. But thanks for bringing this blog to my attention. I've bookmarked it and plan to read it regularly.

Jean
http://mojavas.blogspot.com

8/29/2005 04:40:00 PM  
Anonymous Anonymous said...

I also discovered your blog via the Counterpunch link. Keep up the good work!

8/29/2005 07:16:00 PM  
Anonymous JayVTGreen said...

I, too, discovered your blog and the Monsanto threat. Good response to them.

8/29/2005 07:44:00 PM  
Blogger Shifter X said...

I'm with you 100%. Those pricks at Monsanto and ADM are trying to privatize the food supply.

They just can't stand the public scrutiny of their crimes against humanity.

8/29/2005 07:53:00 PM  
Blogger Editor said...

Keep up the blogging. This is good to see. I have been re-posting material slagging Monsanto and others for a while now at http://theprogressivemind.info/agriculture/index.html

8/29/2005 10:30:00 PM  
Blogger josh narins said...

This is the first time I have ever seen this blog.

I would never be confused, from the first, that this was, in fact, a Monsanto associated blog.

I will jokingly admit to be in the pay of the League Of Independent Socializing Retred Association of Best Bloggers, who insisted that I make this precise comment under penalty of death.

Maybe Monsanto's lawyers will take up a legal cudgel on my behalf, and stop LISRABB from further harassment of innocent blog commenters, such as myself.

Mars Needs CEOs.

8/29/2005 10:44:00 PM  
Blogger Paul Hue said...

Please explain what you mean by "Roundup, Ready", and what horrid Monsanto means by "Roundup Ready". I don't understand either term.

"shifter x": I support both organic, all-natural, local farming, and also the privatization of farming. I believe that it is privatization that brings us these types of foods, and it is the governmentization (such as handouts to big ag, and rules against raw dairy) that stands in our way. No?

8/30/2005 12:24:00 AM  
Anonymous Sarah Hawk said...

Looks like you provoked the giant. I started reading your blog a little while back, and I really appreciate it.

Am I overstepping if I respond briefly to the questions about "Roundup Ready"? Roundup is a glyphosate-based herbicide manufactured by Monsanto. Monsanto also produces Roundup Ready crops - such as canola. These crops are genetically modified to be glyphosate-resistant; so if you plant them you can spray your fields with Roundup without killing the crops. Roundup Ready crops are patented, and farmers using them face various restrictions as a result of the licensing; for instance, they may not save seeds to replant the next year. Various issues arise, including problems due to contamination of neighbouring fields by volunteer plants.

8/30/2005 01:06:00 AM  
Blogger Liz Logan said...

I got the link from Energy Bulletin. Keep up the good work! Fight the good fight!

8/30/2005 04:32:00 PM  
Blogger Gritsforbreakfast said...

Give 'em hell, Tom. Tell your local media about this, too.

8/30/2005 04:58:00 PM  
Anonymous Corvustristis said...

Don't blame Monsanto - they only want to make a buck from poisoning humanity after all! What's next on their agenda I wonder? Oranges treated with their infamous Agent Orange? Right now I can't think of any derogatory description of Monsanto that would be too harsh; it's a thoroughly evil company. So go Tom, go!! Spread the word!

8/30/2005 07:03:00 PM  
Blogger Samurai Sam said...

Give 'em hell, dude! My wife works for Organic Valley Farms here in Wisconsin and they circulated a recent article about the danger of Roundup to pregnant women (I have the email).

I found your blog from Phila's Bouphonia.

8/30/2005 09:38:00 PM  
Anonymous Anonymous said...

I find it entertaining although a bit frightening that a company this size could have such a hissy over nothing. Keep kicking where it counts it would be interesting to see some of the meg-corps take a header. I'm blessed to live in a town without a walmart, so "Sometimes Davey Wins" BG

8/31/2005 10:46:00 AM  
Anonymous Anonymous said...

Monsanto is not a good for the masses. Intelligent folks will soon discover the truth about what Monsanto has been doing for years. I only discoverd clean foods like those at healthforce.com
because I got sick from Monsanto's sick genetic creations.

8/31/2005 08:32:00 PM  
Anonymous Mayra said...

A member on our GO NOFA Forum (http://groups.yahoo.com/group/go-nofa) posted a notice about your blog and situation with Monsanto. Good luck and keep it up! I'm going to add a link to your blog on our Forum's home page. Growing Organic for the Future. Together we can make a difference!

9/01/2005 02:19:00 PM  
Anonymous Tana said...

Excellent, wonderful work, Tom.

Are you aware of the PBS upcoming series (sponsored by Satan's minions at Monsanto) called "America's Heartland"?

From this site, I quote: "Americans count on PBS for balanced television programming. So it comes as a surprise that PBS will soon air 'America's Heartland,' a series on American agriculture that appears to unevenly promote the interests of the series' main sponsors--Monsanto and the Farm Bureau--two historic proponents of industrial-style food production. Advance materials indicate that the series will portray an entirely positive portrait of U.S. agriculture. Despite an in-depth approach spanning 20 episodes, the series producers appear unwilling to give time to any concerns about agribusiness, from the impact of pesticides on human health, to pollution and foodborne illness caused by industrialized meat production, to the debate over genetically engineered crops."

Also, to expose a little more of Monsatan's heinous work, please check out Everything You Never Wanted to Know about Mondanto's Modus Operandi." And from that site, I quote, on Monsatan's contributions to society: "Saccharin, Astroturf, agent orange, dioxin, sulphuric acid, polychlorinated biphenyls (PCBs), plastics and synthetic fabrics, research on uranium for the Manhattan Project that led to the construction of nuclear bombs, styrene monomer, an endless line of pesticides and herbicides (Roundup), rBGH (recombinant bovine growth hormone that makes cows ill), genetically engineered crops (corn, potatoes, tomatoes, soy beans, cotton), and it's most significant product to date: Lies, Factual Distortions and Omissions. Here's one of the distortions that Monsanto had on its website a while back. Sustainability - the idea that the resources and people of this world are finite. That for any business decision we make, we must consider the effect it will have on us and our children. That the products we make must not use up all of a natural resource, or even worse, contaminate what is left behind."

Keep up the good work.

9/01/2005 04:02:00 PM  
Anonymous k. said...

found you via Life Begins at 30.
you are my new hero.

9/01/2005 08:38:00 PM  
Blogger Jennifer said...

Just one more fan. Keep getting the word out there, and we'll keep on reading!

9/01/2005 09:53:00 PM  
Anonymous Anonymous said...

A big hello, from Portugal. Genetically altered seeds are arriving in my country now and I'm with you on this. Thanks. -- JRF

9/01/2005 11:25:00 PM  
Blogger Gina said...

One more cheer: word!

9/02/2005 12:44:00 AM  
Blogger Niobium said...

Gina (above) sent me over. I have to agree with decelo: if Monsanto hadn't been trying to stifle you, I wouldn't have found this site.

I wonder what has Monsanto's panties in a bunch? I also wonder if the lawyers will come and read all of this and what their thoughts will be.

9/02/2005 09:08:00 AM  
Blogger stella said...

somebody asked 'what next?'...well, here's what's next: http://www.yubanet.com/artman/publish/printer_23411.shtml

Greenpeace reveals Biotech giant Monsanto application for global pig
patent

"Greenpeace researchers have uncovered patent application from the
biotech giant Monsanto which, if granted, would give the company
world-wide control over breeding of pigs and their off spring...."

my question is, she states "cease using "Roundup, ready" or any form of our trademark"....so, what, now you're not allowed to use the word 'roundup' in a title or 'ready'? i mean really...how freaking ridiculous!

9/02/2005 12:51:00 PM  
Blogger McAuliflower said...

here via life begins at 30

Niccccce.

If they don't like it they can start their own blog

9/03/2005 05:22:00 PM  
Anonymous Anonymous said...

I found your blog by going to a food (recipe) blog.
I am not sure what Monsanto's problem is. No one ever told them they could not use the term "roundup" for their "weed killer". After all didn't the cowboys have a "roundup" before they moved the herds to market.
Keep it up.
I would give my name, but since I have a son that works at Monsanto I think it is best that I don't.

9/05/2005 12:41:00 PM  
Blogger kitchenmage said...

gee, i've had a link to you from my blog since before you were discovered... LOL

just repeat after me: reference and ridicule--that's the standard established in Faux, errr, Fox News (O'Reilly) v. Franken... tell them to relax, it's just satire...legally covered satire...

~km

9/06/2005 03:40:00 AM  
Anonymous Anonymous said...

You are brilliant. I love your site. (Found you via Life begins at 30). Just wanted to comment in support of your efforts-- keep it on. ~bluepoppy
http://bluepoppy.omworks.com

9/07/2005 01:56:00 PM  
Blogger Virgil said...

You have earned a Cyberacctivist Award from me for this! I not only have linked to you, but written a post in support of you so that even more peple will know about this! Ha ha ha! Keep up the good work, Tom. You have my full support!

9/09/2005 09:11:00 AM  
Anonymous Anonymous said...

Good to know you're bugging Monsanto, but watch your back. These guys mean business.
Here is a link to a lady called Milka Budimir. She has been hounded by Kraft Food Co. for using her own name on her website. (Milka is a brand name for chocolate bars sold in Europe.This woman is a seamstress & has nothing to do with chocolate. )
This just shows you the lengths that these giant co.s will go to in order to stamp out the little guy. They don't care if they're ridiculous (as they are!) -they just stomp. Be warned.
Sorry, can't do a link but here is a copy of the email she sent me.

MILKA BUDIMIR milka-budimir@hotmail.fr
You gave me your assistance in the business which opposes me at the company KRAFT FOODS SCHWEIZ HOLDING AG;
this same company belongs to Altria.(ex Philip Morris C.o)
I thank you very much for your help.
Today the court gave reason to this multinational firm what prevents any person from using the first name or the name of Milka,
in all the branches of industry: commercial, artisanal or liberal ones
This decision appears unjust That is why I decided to appeal before the court of Paris.
The undergone pressures are intolerable.I only require to exist
The undertaken action in law is expensive.That is why I request your assistance to finance this operation
You will herewith find the bank references of an open account for a possible transfer or you can send a check to
“Milka Budimir compte frais de justice”
my address : Milka Couture, 19 Avenue Jean Jaurès 26500 Bourg les Valence - FRANCE.

I take the decision to transfer all exceeded amount for a similar action or for a caritative association .
Thank you still for your assistance and your friendship. Milka.

9/09/2005 01:54:00 PM  
Blogger City Hippy said...

Hey Monsanto

His answer kicks your butt! Hahahaha! We ain't stupid no more! We go to school and learn to read and everything. Unbelievable.

Please sue this guy. Oh please please pretty please. McLibel (http://www.mcspotlight.org) happened 10 years ago and we need something to galvanise the green, anti-evil-corporate movement...again...

Maybe if you are any naughtier that nice Mr Moore will focus on GM and agribusiness after he has shone the bright light of truth on the vampiric pharmaceutical industry.

Hehehe!

Namaste

City Hippy

9/19/2005 07:38:00 PM  
Anonymous Anonymous said...

where this to your next rally:

http://www.cafepress.com/seeds_of_death

10/02/2007 07:39:00 PM  
Anonymous Anonymous said...

There is no doubt about it, huge companies like Monsanto, especially including Monsanto are totally arrogant and couldn't care less about the farmer or us other humans except that Monsanto could make a buck off of us. Far as I'm concerned, Monsanto can go to HELL, and oh I do hope that they get to read what I write. I think a little home-boy shotgun-technology is in order. Get the picture or would one have to point the business end of the shotgun toward one of those sob's if they came onto my property. I save my own seed, by the way, and intend to continue to do so. And, and, if one of Monsanto's seeds happens to contaminate my saved seeds, how about I sue your butts for a change? I can afford to do this too. So, as I have said before, go to hell Monsanto; and stay there!

2/20/2008 08:19:00 PM  
Anonymous Anonymous said...

awsome post dude...as a famrer here in tennessee i would love to see monsanto come on my posted land and try to harass me, screw em all

6/26/2008 01:48:00 PM  
Anonymous Anonymous said...

First I want to say that I think your response is great.

Something that I'm sure that you know, but that many of the posters don't know is that trademark holders are required to defend their trademarks, or risk losing them. Surely everyone must know that they really don't care about the few hundred or thousands of readers of a blog like this.

What do you take when you have a headache. An Asprin? Did you know that Asprin used to be a trademark of Bayer, but they lost it a long time ago? M sent you the C&D letter so that they could show that they are defending their trademark, nothing more and nothing less. They know that when they send it some adverse publicity will befall them, but they have to do it anyway.

As I said above, I think your response is articulate, witty, and kind.

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