EFF to represent Yes Men

By Juliana Gruenwald, Tech Daily Dose

The Electronic Frontier Foundation said Wednesday that it will represent the Yes Men in fighting a lawsuit filed by the U.S. Chamber of Commerce against the activists for staging a fake news conference claiming the business association had changed its stance on climate change legislation. The chamber's lawsuit, filed in October, claimed the Yes Men unlawfully used the group's trademark and other intellectual property by using the chamber's logo in a press release and at the fake news conference.

At the October event, the Yes Men, who describe themselves as targeting "leaders and big corporations who put profits ahead of everything else," announced the chamber had reversed its position on climate change legislation and pledged not to lobby against a strong bill. The staged event was interrupted by a chamber official who notified those gathered that it was a fake news conference and that the chamber had not change its position on the issue.

EFF argued that the Yes Men, which will also be represented by the Davis Wright Tremaine law firm, engaged in political theater that is protected by the First Amendment. "Trademark rights do not encompass the right to silence criticism," said EFF senior staff attorney Matt Zimmerman. The chamber, in announcing its lawsuit, said that while it supports free speech, the Yes Men deliberately broke the law to sell their books, movies and other merchandise.