Thursday, March 4, 2010

Idi Amin Was a Humanitarian, Too...

Remember, "It's for the Children™"...

‘Border’ struggle erupts over name
Three years ago, after decades of performing volunteer operations worldwide, George Whitelaw decided he wanted to do something that would have a broader impact.

The orthopedic surgeon from Milton started a small nonprofit organization to provide primary care to children in Central America. He called his organization Children Without Borders, because “our treatment is without borders, and our patients are without borders,’’ he said.

Seems pretty straightforward, right? Except that some didn't see it that way:
The operation was running smoothly - it had grown to have a $60,000 annual budget and three clinics in Costa Rica - until last summer, when Whitelaw received a cease-and-desist letter from a similar but vastly larger organization, Doctors Without Borders. The Geneva-based organization, which employs 27,000 people and has an annual budget of more than $800 million, said the group was infringing on its trademark and threatened legal action if Whitelaw did not change its name.

You're kidding me. I thought "Doctors Without Borders" was supposed to be an organization that helped people? Why the hell are they threatening legal action against a much smaller non-profit? I could understand it if the group was called "Döctors Without Borders" or something that might lead to confusion, but it's pretty clear that the two groups are separate. In fact, Children Without Borders has offered to put up disclaimers that make clear there is no affiliation with DWB - and DWB has declined that suggestion.

Are they afraid that folks might confuse the two? Are they afraid of the competition? I'm struggling to find a reason why DWB would take such strenuous legal action - spending money in a legal fight that could be put towards their cause - unless they're concerned about losing money in fundraising efforts.

DWB claims that its issue is that:
“Our concern really extends to the fact that our name is inextricably linked to the safety and security of our field teams that work in over 60 countries around the world,’’ said Jason Cone, communications director of Doctors Without Borders in New York. “We’ve spent the better part of 39 years building up name recognition and the understanding of our being an independent, neutral, and impartial medical organization. Those principles help us gain access to the most dangerous conflict zones around the world.’’

Now, this might carry some weight if Children Without Borders was traveling to foreign countries and randomly shooting people in the face. Given that CWB is *also* in the business of providing free medical assistance to impoverished nations, I find it incredibly difficult that their mission could possibly endanger that of DWB... Unless, of course Doctors Without Borders is more concerned about the fundraising mission than the humanitarian one...

I mean, I'll admit to being suspicious man by nature, but when a Google search on "Doctors Without Borders" brings up 4 out of 10 hits for donations...

That is all.

5 comments:

libertyman said...

It is usually about the money, so you are probably right.

I must say "Children without Borders" sounds like they send kids in to do the work, though. Doogie Howser to the rescue?

Justin Buist said...

Failure to protect your trademark weakens your legal right to it. If they don't go after the good guys when they infringe on it they can't go after the bad guys.

CWB should just change their name as quickly as possible.

Weer'd Beard said...

Shit, Libertyman beat me to the Doogie Howser joke!

heh!

wolfwalker said...

Bastards. "Doctors Without Borders" isn't even That Gang's original name. It was created by a bunch of French doctors, so the real name is in French: Médecins Sans Frontières.

DOuglas2 said...

Medics Without Borders, Ghana. www.medicswithoutborders.org

Without Borders Corportation WBCO, Yemen
Medical, Pharmaceutical and Laboratory Supplier.
www.wbco.org

Clinics Without Borders
clinicswithoutborders.org/

Patients Without Borders
a full-service medical travel facilitator
blog.patientswithoutborders.us

Engineers Without Borders Christian Medical College partnership
www.ewb.org.au/explore/initiatives/cmcpartnership

Advocay Without Borders/CDCan
California disabled activism

I might think that they have a high barrier in trying to trademark descriptive words.

I worked at a place where we got a C&D letter that claimed our use of a German word that was a "term of art" in our field was a violation of their trademark. Our lawyer looked it up and discovered that they had let their trademark registration lapse. So we demonstrated our use of the term in marketing over a course of 30 years and registered it ourselves, and never enforced the trademark.

I've often wondered if Wal-Mart intentionally lost their trademark case on the smiley-face, in order to free it forever from all spurious copyright claims.