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.