Date: Tue, 28 Feb 1995 16:43:25 -0500 From: Chris Hagin To: Multiple recipients of list GLB-NEWS Subject: Navy bars San Francisco Publisher from using crest Date: Tue, 28 Feb 1995 U.S. Naval Academy Bars San Francisco CD-ROM Maker from Using Its Crest San Jose, Calif - Don't ask. Don't tell. And don't reproduce that Navy recruiting poster. The U.S. Naval Academy in Annapolis has barred a San Francisco producer of CD-ROMs from using a poster that features a midshipman later discharged for being gay. The Navy claims the academy's crest, featured prominently in the poster, is protected by federal trademark laws. The threat of legal action forced Apollomedia Corp. to remove the image and delay the release of its multimedia version of the book ``Conduct Unbecoming,'' a history of the military's ban on gay and lesbian service members. The company will premiere a rough cut of the production today, the first anniversary of the Pentagon's revised policy, which has been dubbed ``don't ask, don't tell.'' Critics say the Clinton administration's policy, under which service members are not to disclose their sexual orientation and commanders are not to inquire, has resulted in few changes. ``There's no reasonable basis to prohibit usage of the poster, which is in a CD-ROM which honors service members who have served their country honorably,'' said Clinton Fein, president of Apollomedia. ``I don't think there's any other reason to deny the usage other than prejudice.'' Fein said the company obtained a copy of the recruiting poster from Boyd E. ``Eddie'' Graves, a Virginia man who was featured with another midshipman on the 1972 poster. The poster advises, ``Be something special...Become a Naval officer.'' Graves, who said he was the Academy's first black recruitment ``poster boy,'' received an honorable discharge from the Navy in 1977. Graves was not included in the book by the late Randy Shilts but decided to come forward for the CD-ROM project, Fein said. ``Even today, the impact of the military's action to dismiss me is still strongly felt,'' he wrote in a letter. The poster was to be included in a ``photo album'' of gay and lesbian service members, past and present. The Naval Academy rejected the use of the poster after receiving a routine inquiry seeking clearance from Apollomedia. According to Fein, Capt. J.D. Scranton said in a telephone conversation that in addition to the trademark concerns, the Navy objected to the poster's use because the other midshipman in the photograph had not given his permission and because the academy didn't want to give the impression that it endorsed the CD-ROM project. In a letter last week, Scranton raised only the trademark issues. Scranton could not be reached Monday, and other Navy officials said they couldn't comment on the case. Fein said the small multimedia company decided to remove the poster because it could not afford the cost of a lawsuit. The legal status of the image was unclear. A consultant who works with multimedia developers to secure clearances for their productions said most material produced by the federal government is considered to be in the public domain. But the consultant, Jill Alof of Total Clearance in Sausalito, said that both individuals in the photograph have the right to refuse to allow its reproduction and that seals and logos are protected by trademark laws. S. CHRISTOPHER HAGIN | The Pledge of Allegance says: Atlanta 1996 | "With liberty and justice for ALL" chagin@mindspring.com | What part of ALL do you not understand? HATE IS NOT A FAMILY VALUE