KTVZ sends a Lawyer after my T-shirt Shop

I recieved this email this morning:

In accordance with our Intellectual Property Rights Policy, anonymous Lawyer on behalf of KTVZ-Z21 provided us with a notice stating that your use of the likeness of Bob Shaw and his catch phrase infringes upon their intellectual property rights (right of publicity). Please click here to for more information about intellectual property.

I responded to the lawyer, who I will keep anonymous in this blog post, saying this.

Dear anonymous Lawyer,

I took down a cartoon a couple weeks ago that your client says resembles Bob Shaw, before you sent your request to cafepress. Honestly, the design wasn't doing anything for my sales, I didn't sell a single shirt or mug. Rarely did anyone clicked on the image. I, doing this to develop a stronger feel in my own career as a marketer in product development, decided to move the comedy subject matter to something that might actually sell products for my online t-shirt venture. Wow...turns out that someone found it very interesting!

I received a notice today from cafepress.com that I've violated the Intellectual Property Rights (rights of publicity) from the cartoon. After reading the deeper into it I understand why this is an issue for this local celebrity and have made a point of not selling merchandise without the celebrities written consent. I'm approaching a few celebrities, local and national, for their approval, one has agreed! After all, I am doing this for fun. It's called humor folks.

You know what this reminds me of? this and this

My question to you is: Does KTVZ own the rights to "I'm having a sparkling day in Central Oregon?" Not according to my research. Why is that removed? As far as I'm concerned he can say "have a sparkling day," 40 thousand times, but until I see a registered trademark on the phrase...he doesn't own it.

If they do own it:

You should tell your client to go after this guy. They should also go after Swatch.,

Thanks for your time and expressing your concern of your client. Please feel free to contact me if you or your client has any further issues with my comedy's content.

Power to the people