Coral Gables sues to unmask critical social media accounts

Florida: “someone set up a handful of social media accounts criticizing the City of Coral Gables for its use of private security guards. … So in late May, deputy city attorney Miriam Ramos fired off two cease-and-desist letters and sent them to Silicon Valley, threatening to fine Facebook and Instagram $500 a day if they didn’t remove the posts, which Ramos said infringed on the city’s trademarks. Now, the city is suing Mark Zuckerberg’s multibillion-dollar businesses in an attempt to get the name, phone number, and address of whoever ‘cast the city in a false light.'” While cities can own trademarks, as in the slogans and logos used in marketing campaigns, courts are likely to accord broad recognition to fair use of those marks in discussions of civic affairs. Can cities sue over false light at all? [Jessica Lipscomb, Miami New Times; Lance Dixon/Miami Herald]

3 Comments

  • The Lanham Act says governments will not be issued a trademark which “comprises the flag or coat of arms or other insignia.” Yet Florida statute 165.043 says that counties and municipalities can charge someone who uses a seal without the permission of the government with a second degree misdemeanor.

    ( http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0165/Sections/0165.043.html )

    While I fully agree with Mr. Olson that “courts are likely to accord broad recognition to fair use of those marks in discussions of civic affairs, having a warrant issued for you, your computer, then being arrested and having to pay for a lawyer while the County / City uses practically unlimited tax money to prosecute someone for free speech is not a pleasant thought if you are that someone.

  • Makes you wish there was a federal anti-slapp law. Any recommendations for two laws to get rid of to make the president happy?