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Wind company objects to use of its logos; Activist says she won’t cease or desist
Credit: By Paul Morden, Sarnia Observer | Friday, April 12, 2013 | www.lfpress.com ~~
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Translate: FROM English | TO English
Middlesex County anti-wind turbine activist Esther Wrightman says she’s not giving in to a cease and desist warning from lawyers working for NextEra Energy Canada.
A letter, dated March 20, was sent to Wrightman calling on her to remove YouTube videos and wind resistance website postings because of company logos altered to read “NEXTerror” and “Nextterror Bullies Canada Inc.”
“Our request is simply to not use the corporation’s registered, trademarked logo in a manner that is defamatory,” NextEra spokesperson Josie Hernandez said in an email.
Hernandez said company officials attempted to contact Wrightman personally to resolve the issue before the letter from the lawyers was sent.
Wrightman said phone calls where made to her home but she never spoke directly to those company representatives.
“We aren’t trying to limit debate, which is clear from our letter, but we have rights in our logo that are entitled to protection under the law,” Hernandez said.
The letter from the lawyers to Wrightman mention in particular use of “NEXTerror” in a video shot in January as crews destroyed a bald eagle nest on the site of NextEra’s Summerhaven wind project in Haldimand.
The tree holding the nest came down with the permission of Ontario’s Ministry of Natural Resources.
The letter from the lawyers asks Wrightman to remove that video – as well as a second one interviewing company officials about the nest – from YouTube by March 22.
It also asks that all pages and postings using the altered logos be removed from the wind resistance website.
Wrightman said she sent the company a written response but hasn’t removed the videos.
“I feel confident that I’m not breaking any laws of any sort,” she said.
“I’ve had no response, whatsoever, to my letter.”
Wrightman said an altered logo is shown in the first video shot of the nest coming down, but not in the second video shot at a NextEra open house.
She said she believes the company is using the issue of the logos as a way to have the videos removed.
“It’s, basically, something that will be used for years to come to show how callous this company is, and their bad reputation with dealing with wildlife and dealing with communities,” she said.
Wrightman said she has received notice from the company hosting the wind resistance website that the logos would be taken down.
The letter from NextEra’s lawyers says the company “reserves all of its other legal rights and remedies, including an action for damages or defamation as appropriate.”
Hernandez said the company is considering it’s options.
“Everything remains on the table.”
Wrightman lives near the company’s Adelaide wind energy project that is awaiting provincial approval, and not far from its planned Bornish and Jericho wind farms.
She has been working to oppose the wind turbine projects for several years.
“A lot of people do get scared and they don’t want to be hassled with the financial cost of going to court,” Wrightman said.
“So, they just do what the wind company says because it’s just easier that way.”
Wrightman said that’s not the way she has decided to go.
“I don’t have anything financial to lose, and I have everything to lose if I don’t fight them.”
She said that’s particularly true of the video showing the eagle’s nest being destroyed.
“That’s not coming down without a fight.”
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The copyright of this article resides with the author or publisher indicated. As part of its noncommercial educational effort to present the environmental, social, scientific, and economic issues of large-scale wind power development to a global audience seeking such information, National Wind Watch endeavors to observe “fair use” as provided for in section 107 of U.S. Copyright Law and similar “fair dealing” provisions of the copyright laws of other nations. Send requests to excerpt, general inquiries, and comments via e-mail.
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