A Producer, A Red Herring And A Catty Blogger Walk Into A Bar …
After writing about the questions that arose over the attempt of CBS News Producer Bruce Rheins and his wife to trademark the name Jesus Juice for some home-made bottles of wine, we thought the issue had largely been settled. But one conservative Web site had different ideas. So we'll again address it, but not without some trepidation.
Nothing I have learned since writing about this issue changes the fact that this is almost purely a private issue. If anything, what's been learned enhances that fact. Slightly interesting and legitimate ethical questions were raised and answered in my initial look at this. But because we now operate in an environment where anyone with a thread of information can weave it into just about whatever picture they desire, it's necessary to follow up despite that fact that this is really small potatoes.
We initially addressed the issue of the trademark for the wine, but soon thereafter it came to our attention that the "Jesus Juice" logo that had been supplied by Rheins' wife Dawn Westlake two months ago appeared to be intended for more than just wine. The Web site Newsbusters.org yesterday posted a picture of Rheins in a T-shirt and holding a coffee mug, both which sported the picture. In addition, the site linked to an on-line store CafePress and claimed that the items were for sale there. Also for sale, apparently, was a clock with the logo on it.
When I learned about this, it was certainly unsettling because Rheins previously told me that there was no attempt to profit from this and it was intended only as a private "spoof" for friends. I spoke to both Rheins and Westlake today and got the bigger picture from them.
First, the Web site CafePress is a place that offers individuals the opportunity to set up their own mini-stores where they can create products for themselves or for sale. Their site describes it this way:
CafePress.com is an online marketplace that offers sellers complete e-commerce services to independently create and sell a wide variety of products, and offers buyers unique merchandise across virtually every topic. Launched in 1999, CafePress.com has empowered individuals, organizations and businesses to create, buy and sell customized merchandise online using the company's unique print-on-demand and e-commerce services. Today, CafePress.com is a growing network of over 2 million members who have unleashed their creativity to transform their artwork and ideas into unique gifts and new revenue streams.Westlake is an actress who also produces small films and pays for this page on the site. She does not operate CafePress, as Newsbusters asserted, but has a page on the site. Westlake says she has operated that page for years and has sold a grand total of $17 worth of merchandise – all but $5 worth to friends and family and none involving the "Jesus Juice" materials. Westlake says she uses the site to produce limited promotional items for her films, like a T-shirt to wear to a film festival.
According to Westlake, she and a friend who works in graphics came up with the "Jesus Juice" image while Rheins was in Louisiana covering Hurricane Katrina and thought it would be funny (given Rheins' time spent covering the Michael Jackson trial) to order some items with the logo for her husband as a birthday present. Westlake says she ordered him the following items: A clock, boxer shorts, a coffee mug and T-shirt. She said she ordered two additional T-shirts, one for a friend, one for herself and has two spare coffee mugs in her closet. Westlake says these are the only items ever sold with that picture on them.
In speaking to me, Westlake emphasized her role, saying the idea to create these products "has nothing to do" with Rheins. "He, unfortunately, was gone, he was not there to advise me when I made the thing [logo] up." Westlake added that when she learned that there were questions being asked about the products, she "took it all down" from her site and said any pictures that can currently be seen are not being served live.
I asked Rheins about something else pointed out by Newsbusters – that the couple had registered for a Web site with the url: JesusJuice.biz and asked if that was not an attempt to profit off of the merchandise. He said Westlake "wanted to put it up for her friends, direct friends, to go to when we gave them the gifts." He also told me that Westlake's Web site once included an e-mail link for anyone wishing to "purchase or partner" with her. Rheins said he was unaware of that and if anyone had responded, he would have "said no." Newsbusters also claims there are over 800 items referencing "Jesus Juice" for sale at CafePress but not a single one of them includes the image produced by Westlake.
I asked Rheins what he would say to those who don't accept his explanation and he said, "our intention was just to have a little fun with our friends. In retrospect, we see how it could have been misconstrued, but there was absolutely no intention, no expectation of making any money at all on this. … It was really stupid and I'm really sorry. We made no money off this and never intended to."
I have two quick observations about this. First, it's an example of how an agenda-driven Web site -- Newsbusters in this case -- can take something and quickly twist it into whatever shape fits their purposes. This "story" was certainly meant to somehow demonstrate an anti-Christian bias by this particular producer and, by extension, the entire CBS News division. The image may be distasteful or offensive to some, but to stretch that out into a real bias is beyond reality. I would ask those critics, particularly at Newsbusters, if they have ever even chuckled at a joke that would in any way be offensive to Christians. Does that make you "biased?"
More importantly for PE's purposes, there is nothing wrong with what Westlake or Rheins did. Yesterday it appeared that as long as Rheins did not profit from it, there was no conflict with CBS standards. Speaking for myself, I'm now not sure there would have been a conflict even if money had been made. Westlake is not employed by CBS News, has her own profession and is free to profit off of whatever legal means she wants to pursue. There could be an argument made for the appearance of conflict but that's a different issue. I live in a town where many reporters are married to individuals of which that could be said.