Case 1:13-cv-01215-TSC Document 239 Filed 03/31/22 Page 42 of 47
important laws.” Id. And finally, Defendant’s HTML-format copies—available for download on the Internet Archive website—contain the following disclaimer:
In order to promote public education and public safety, equal justice for all, a better informed citizenry, the rule of law, world trade and world peace, this legal document is hereby made available on a noncommercial basis, as it is the right of all humans to know and speak the laws that govern them.
This document was prepared and posted by Public.Resource.Org (Public Resource), a U.S.-based charity certified under section 501(c)(3) of the Internal Revenue Code. Public Resource is not affiliated with, nor has it received authorization from, any standards development organization, for the posting of this document. Please note that the posting of this document has been subject to litigation in U.S. federal courts and was done so by Public Resource for the noncommercial purpose of informing our fellow citizens about their rights and obligations under the laws of the United States.
Wise Decl., Ex. 165.
Plaintiffs challenge each of the three forms of disclaimers, claiming they are inadequate mitigation against likely association between them and Defendant’s posts.
As to the cover pages on Defendant’s PDF versions, Plaintiffs take exception to the accompanying “star-spangled” design, patriotic “regalia,” and text, which states, “By Authority of the United States of America Legally Binding Document.” See Pls.’ 2d MSJ at 35–36. Plaintiffs argue that this “conveys a clear message” that the document is “By Authority of the United States of America” and a “Legally Binding Document,” rather than Defendant’s own work. See id. But Plaintiffs miss the mark: the pertinent question is not whether Defendant’s use is likely to be confused as endorsed by the U.S. Government, but whether it is likely to be confused as endorsed by Plaintiffs. The court finds the latter mistake unlikely given that the only references to any Plaintiff appear (1) in the name of the standard, which as previously discussed, is necessary to describe the work, and (2) in the disclaimer, which states “Not Affiliated or Authorized by [Plaintiff] or by the United States Government.” See Pls.’ 2d SMF ¶ 26. These
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