By Solis                                               H.R. No. 773

         75R10446 JTR-D                           

                                 R E S O L U T I O N

 1-1           WHEREAS, Throughout the years, the Lone Star State's rich

 1-2     cultural heritage has produced a remarkable variety of artists and

 1-3     craftspeople, and these talented Texans deserve our deepest

 1-4     gratitude and admiration; Joe Lopez is one such artist, and it is

 1-5     appropriate at this time to recognize his many contributions to his

 1-6     community; and

 1-7           WHEREAS, A native of San Antonio, Mr. Lopez has distinguished

 1-8     himself as a painter of great talent, and his watercolors depicting

 1-9     life in the barrio touch the heart and spirit even as they delight

1-10     the eye; and

1-11           WHEREAS, One of Mr. Lopez's favorite subjects is the rooster,

1-12     known in Spanish as "el gallo," and the prominence of this bird in

1-13     Mexican folklore and vernacular speech has ensured the popularity

1-14     of the artist's line of shirts, which feature his renderings of

1-15     roosters accompanied by descriptive captions in Spanish; and

1-16           WHEREAS, Mr. Lopez's hard-won success in this venture is now

1-17     threatened by a lawsuit brought against him by California vintners

1-18     Ernest and Julio Gallo, who claim that Mr. Lopez's use of the word

1-19     "gallo" in his work infringes on their own trademark; and

1-20           WHEREAS, This ill-considered legal action seeks to enjoin

1-21     Mr. Lopez from using the word "gallo" in his artwork, but even more

1-22     problematic than this attack on free expression is the accompanying

1-23     demand that Mr. Lopez surrender not only his profits from work

1-24     already sold but also reimburse the company for attorney's fees,

 2-1     which might well run into six figures; and

 2-2           WHEREAS, This action is particularly heavy-handed in light of

 2-3     both the disparate size of these two businesses and the clear

 2-4     differences between their products, and it is to be hoped that the

 2-5     Gallo company will reconsider this attack on Mr. Lopez's art and

 2-6     livelihood; now, therefore, be it

 2-7           RESOLVED, That the House of Representatives of the 75th Texas

 2-8     Legislature hereby recognize Joe Lopez for his many contributions

 2-9     to the life and culture of Texas and extend to him sincere best

2-10     wishes for continued success in the future; and, be it further

2-11           RESOLVED, That the Texas House of Representatives denounce

2-12     the Ernest and Julio Gallo Winery's lawsuit against Mr. Lopez.