Legal Battle over Komen Foundation’s “For the Cure”
Photo by wishuponacupcake on Flickr
In nonprofit cancer awareness lexicon, the phrase “for the cure” has become commonplace, but Susan G. Komen for the Cure isn’t happy about the trademarked phrase being used outside of its own fund-raising efforts. According to The Wall Street Journal, the country’s foremost breast cancer charity is suing “kite fliers, kayakers and dozens of other themed fund-raisers that it contends are poaching its name.”
Some of the alleged offenders include groups who have tried to trademark “for the cure” as part of their name, such as “Bark for the Cure” and “Blondes for the Cure.” At least one of the named organizations say they weren’t aware of Komen’s use of the slogan; Susan G. Komen for the Cure was previously known as The Susan G. Komen Breast Cancer Foundation from its founding in 1982 until 2007, when it officially changed its name and logo.
Another recognizable feature of Komen for the Cure events is the color pink — and lawyers for the foundation has also put out warnings to those who might attempt to capitalize on the color.
Regarding the lawsuit and protection of the foundation’s trademark, Jonathan Blum, Komen’s general counsel, wrote in an email: “We see it as responsible stewardship of our donor’s funds.”
The issue also comes down to donations, as those ready to write checks to charities may get confused when groups have similar names and end up giving money to a charity to which they didn’t intend to donate.
“The days are probably over when nonprofits just said, ‘We’ll just get along with anybody who’s a nonprofit because we’re all trying to do good here,’” said trademark attorney Andrew Price.
As noted by the WSJ, “Trademark turf battles characteristic of sharp-elbowed corporations are erupting across the typically amicable world of nonprofits. Charities raising money for the same cause are getting into dust-ups over fonts, logo designs and other branding minutia.”
What do you think about this lawsuit and the use of “for the cure” in cancer awareness campaigns?
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Truly disgusting!!! When nonprofits concern themselves with protecting the recognition of their contribution they make they have lost sight of the original purpose of their fund raising. Greedy greedy greedy frothing at the mouth lawyers justifying their outrageous fees to protect nonprofits. All the money spent litigating this should be spent “for the cure” (for g*d sake don’t sue me for writing that ) Written in PINK ( don’t Sue me for that either )
PeaceFrog
9 Aug 10 at 1:21 pm
This makes my heart hurt. I know a number of people who used to be ardent supporters of Komen who refuse to give them any more money – of course the actions and statements of Hadassah Lieberman didn’t help much.
It’s really so sad because this organization is in such a great position to do so much good.
Pink? they think they own pink? Speaking as a breast cancer survivor – chemo didn’t make me want to throw up this much
CoffeeJitters (Judy Haley)
10 Aug 10 at 12:12 am
Dislike..what happened to finding a cure as the main focus?
Michele
11 Aug 10 at 10:48 am
Komen pass themselves off as a charity, they are part of the money making machine, they own shares in AstraZeneca, a company that bribes doctors to prescribe chemo to cancer patients, like me, whether they need it or not. They also own shares in companies that own mammogram machines, when there is so much evidence that these machines CAUSE CANCER! They have no interest in finding a cure, they are profiting from women being mutilated and murdered, all to make a profit
Gabby Mottershead
11 Aug 10 at 2:09 pm
This appears to be a non-profit organization trying to state they are the only organization that is raising money “for the cure”. As there are so many other groups that raise money “for the cure” like the run “for the cure”, The Canadian Breast Cancer Foundation Tour “for the Cure”, and Even the Eels – Cancer “For The Cure”. These are all different venues that are doing their work “for the cure”. To state otherwise would be to somehow imply the opposite, which is not true. “for the cure” is what all these agencies are working toward – not ownership of the only agency working for support of those working “for the cure”.
Richard Roon
11 Aug 10 at 2:19 pm
The Komen Foundation isn’t the only nonprofit fighting trademark battles with other charities. Check out what the Lance Armstrong Foundation and others are up to in this Wall Street Journal article: http://online.wsj.com/article/SB10001424052748703700904575390950178142586.html.
Is it always wrong for charities to spend their time and money on cases like this or do they have a right (and/or a need) to protect their brands?
Carrie Yutzy
11 Aug 10 at 2:22 pm
This is truly disturbing! I have participated in the American Cancer Society’s Relay For Life for 12 years and I have NEVER seen another charity pull this crap! Who does Komen think they are? This is like Webster’s dictionary saying that using these words is against the law. And the color pink? I remember it being free to use when I was a kid! In my town, it has alway been about Relay and the support for all cancers and the goal to find a cure. Then this year, Komen decided to move in and try to take all of our small town sponsors away from our event. We have been able to raise over $1 million in 10 years because of the awesome support we have from the town and all of those touched by cancer. Now, Komen is trying to take over the small towns and events. It shows what type of a charity they truly are. I say give to the American Cancer Society…they don’t discriminate against any type of cancer and won’t use your money to go around suing the little man. Hey Komen…ACS has been around since 1913 and helping find a cure for almost 100 years including breast cancer. Hmmm….need I say more?
Relay Rocker
15 Dec 10 at 5:29 am
Truly Horrid! I AM USING THIS FOR THE CURE In honor of my precious Son fighting for his life from Leukemia. We all want a cure, all those touched or first handedly effected by Cancer it’s self. You should truly be Horrified by your action and hold your head in SAME! Cancer is cancer weather it attack Your Breasts, Blood, Brain Or Anything Anatomy on your body. Get over your greedy Little selves maybe look into the eyes of our Young Fighters And ask them.
Grow UP
Jennao711
19 Dec 10 at 12:19 pm
I am shocked by this. SGK has spent over $1 MILLION in donor funds for this lawsuit, I’m certain this money was donated “for the cure” and not FOR THE LAWSUIT. I doubt SGK were the first to use Pink (an obvious choice for a charity for women) nor the ribbon icon. I wonder if they would/could sue over “For A Cure”? I think this is a shameful move for such a great (or so I thought) charity, and hopefully it will help out the American Cancer Society.
David
6 Jan 11 at 5:25 pm
Thanks so much to all who have commented. This issue was recently mentioned on The Colbert Show as well:
http://www.huffingtonpost.com/2011/01/04/colbert-komen-cure-cancer_n_804233.html
Michelle Fabio
7 Jan 11 at 8:42 am
There are cancers that need cures; NOT JUST BREAST CANCER!!! I’m a 21 year survivor or childhood leukemia and I never a bunch of gold (childhood cancers) and orange( leukemia) ribbons plastered up all over the place for sobbing out loud! The only breast cancer charity I give to is the Making Strides Against Breast Cancer because it is a program or the American Cancer Society, which promotes awareness for ALL CANCERS! Why do you think the Relay For Life color is purple?
Sarah
19 Jan 11 at 8:00 am
That’s it then. They will no longer see any of my money to waste on lawsuits.
Faith Hart
23 Jan 11 at 2:25 pm
It’s obvious that control the money flow is more important than The CURE. Very disappointing. I’ll not give any more to this organization.
JB
24 Jan 11 at 10:04 pm
Absolutely horrible. I am personaly putting together an event that uses “for the Cure” for the second year. We have raised substainial money to save Children. 100% of all our donations went to Childrens Hospital. Unlike Susan b. Comen which only donates approx 17% of moneys donated.
If you want would like to see how Susan b Comens money machine works look at the following webstite.
http://community.wegohealth.com/profiles/blogs/lawsuits-for-the-cure?xg_source=shorten_twitter
Unfortunatly, we have been forced put our fundraising efforts on hold until. I sure hope not many children will suffer for there moraless decision making
Jim T
25 Jan 11 at 6:53 pm
Utterly ridiculous!! Ummm, maybe Mary Kay should sue SGK for ‘taking’the color pink. I’m not serious of course, but come on!!
marlo
11 Mar 11 at 4:13 pm
This just made me sick when I heard about what Susan B. Komen is doing. I used to walk the ‘Race for the Cure’ for years, but stopped because of other conflicts in what they said verses what they actually do. I am proud to be involved in Relay for Life and the American Cancer Society. The fact that they help EVERYONE with cancer says it all. I hope that Susan B. Komen just shot themselves in the foot over this stupid lawsuit. PINK, really? You can’t own a color! I would love to see everyone wear PURPLE, the color for the American Cancer Society.
I love Relay and The American Cancer Society!
24 Mar 11 at 10:16 am
“The issue also comes down to donations, as those ready to write checks to charities may get confused when groups have similar names and end up giving money to a charity to which they didn’t intend to donate.”
So in other words, people donating might end up thinking that they’re donating money to cure cancer, and end up writing a check to one of these charities that have “for the cure” in their name and actually end up, DONATING MONEY TO CURE CANCER?? WOW. I totally get it now! SBK, you’re right, better keep these donations in check.
Donations to help find a cure are donations to help find a cure, no matter where the money starts out.
Relay For Life all the way!
Maria
31 Mar 11 at 12:54 pm
I will no longer support Susan G Komen for the cure because of this lawsuit, I think it is sad that when a non profit organization such as this sue over the saying “for the cure”. It was probably used way before Susan G. Komen and I think it would be poetic justise to see them sued like they are sueing others. I will support breast cancer but not through Susan G. Komen. I would suggest that if you agree with me to follow suit. Unless they drop the suit and pay back all the money spent on the suit I will never support them again. I have had several members of my family who had breast cancer. I will support it but not through Susan G. Komen.
Rhonda S
12 Jun 11 at 10:49 pm
Are the salaries taken by those administering them posted anywhere? And how much of a percentage is kept for adminstrative costs? I want to know before giving my money to anyone.
Thom
31 Jul 11 at 1:53 pm