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.