Federal Court Re-Affirms Right to Self-Expression on T-Shirts

SAN MATEO, CA - March 25, 2008 - CafePress, the leader in user-generated commerce, is often the first stop for people looking to spread a political or social message. The idea is simple; CafePress sells T-Shirts, mugs, bumper stickers and other items designed exclusively by its users, the results are often designs of self-expression - and often controversial. Through use of CafePress millions of people are able to spread their views and opinions to the global online community. Such was the case in 2006 when a CafePress Shopkeeper Charles Smith opened a CafePress shop featuring a design aimed to publicly criticize the business practices of retail giant Wal-Mart. Wal-Mart quickly reacted with claims of trademark infringement and demands that the designs be removed.

In Smith's CafePress shop titled "Walocaust" (http://www.cafepress.com/walocaust) he had created merchandise featuring a parody logo designed to reflect his dissatisfaction with Wal-Mart. A cease and desist from Wal-Mart led Smith to team with Public Citizen, a national, nonprofit consumer advocacy organization that represents consumer interests in courts.

The shop, which was temporarily shut down pending the results of litigation, was re-opened on Friday, March 21 after a federal judge in Georgia dismissed Wal-Mart's claims of Trademark infringement. The decision found that Smith's designs were protected speech, produced no dilution of the Wal-Mart trademark and that no reasonable person could confuse Smith's parody designs with the company's actual trademarks, and Smith may resume selling T-Shirts.

The decision in this case re-affirms that individuals have a right to use CafePress as a platform for self-expression and political speech, and further cements the rights of free speech.

"CafePress has been empowering self-expression via merchandise since 1999. We've known for years that T-Shirts, bumper stickers and the like are a powerful publishing medium, just like books. The judge recognized that selling T-Shirts for a profit doesn't weaken their first purpose as a means of self-expression," comments CafePress CEO Fred Durham. "It's daunting when one of the world's biggest retailers sues. We do our best to support our Shopkeeper's rights, but it can be difficult - we're thankful for organizations like Public Citizen who are defending everybody's rights to free expression."

"When Wal-Mart threatened to sue me over my parody designs I thought I had no choice but to agree to their terms," explained Walocaust Shopkeeper Charles Smith. "Thanks to Public Citizen, the Stanford Center for Internet and Society, and the ACLU my first amendment rights have been protected, and a victory won for free speech."

For more information about this decision visit
http://www.citizen.org/litigation/forms/cases/CaseDetails.cfm?cID=206

About CafePress
CafePress is the leader in User-Generated Commerce and offers sellers turnkey e-commerce services to independently create and sell a wide variety of products, and offers buyers unique merchandise across virtually every topic. Launched in 1999, CafePress has empowered individuals, organizations and businesses to create, buy and sell customized merchandise online using the company's unique print-on-demand and e-commerce services. Today, CafePress is a growing network of over 6.5 million members who have unleashed their creativity to transform their artwork and ideas into unique gifts and new revenue streams. Visit CafePress at www.cafepress.com.

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