They mean it: Don’t mess with Texas

HOUSTON – Don’t mess with Texas. Seriously. Because if you do, a word of warning may arrive in the mail.

The phrase “Don’t Mess With Texas” is trademarked by the state Department of Transportation as part of its litter prevention campaign, you will be told. “We request that you cease and desist using the ‘Don’t Mess With Texas’ mark for any purpose.”

In the last year, 23 such letters have been sent to retailers who have used the slogan illegally, and that’s just scratching the surface. Hundreds of items – including T-shirts, knives and breath mints – have carried the phrase since the anti-litter campaign was launched in 1986.

The Lone Star State has had enough.

“We’re not any different from any other company that has a slogan or brand,” said Doris Howdeshell, director of the Transportation Department’s travel section. “This is an effort to control the dilution of the meaning of the slogan. We want people to understand that we’re talking about litter prevention. We’re not saying: ‘I’m a macho man.’ “

But the push to make that distinction comes way too late, said Siva Vaidhyanathan, a New York University cultural historian and a former Texan himself.

“It’s absurd to try to control it now. It has become a stock phrase, part of the daily life of Texas,” he said. “The state of Texas cannot be surprised or alarmed that people are using this phrase for something other than litter control. The highway department is running against the tide of culture.”

There is another problem: Someone else trademarked the phrase first. Richard Tucker, a South Carolina purveyor of Western-themed garments, filed an application to trademark his “Don’t Mess With Texas” line in 1993. The Department of Transportation didn’t get around to protecting its slogan until 2000. The parties are now engaged in legal negotiations.