Wal-Mart Fights 'Wal-ocaust' T-shirts in Court

A Georgia man has filed a lawsuit against Wal-Mart in federal district court in Atlanta in a fight over his T-shirts that compare the retailer's business practices to the Holocaust.

Charles Smith has been marketing shirts that read, "I (heart) Wal-ocaust" T-shirts. Wal-Mart filed a cease-and-desist order in an attempt to make him stop printing the shirts.

The company said Smith is engaging in trademark infringement. It has threatened to sue Smith if he continues to display the logos on his Web site and to print them on his products.

The 48-year-old Smith is a computer repairman and said he has no deep connection to the company. But he claims using the logos is a free speech issue.

Smith said he came up with his anti-Wal-Mart logo after conversations with a customer and an employee who both had bad experiences with the retailer.

He designed his first logo in July. One shirt - with "Wal-ocaust" printed above an eagle and a smiley face sold on Nov. 16 and netted Smith $5.10.

He said if the court sides with him, he will use any profits to pay his legal fees and for continued production of the products.

Wal-Mart spokeswoman Sarah Clark said Smith is infringing on the company's trademark and also "making an offensive association between Wal-Mart and one of the greatest tragedies of the past century."