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Republicans Targeting Logo Abusers
Filed under: Republican National Committee
So you're thinking you might want to cash in on the Republican National Convention? Maybe cook up a few T-shirts and trinkets to sell to the thousands of visitors, using that odd little elephant/fire hydrant logo?
Official Elephant Logo
(For journalistic purposes only.
Please don't sue.)
Better think again. Politico reports that lawyers for the Republican National Committee have sent ominous letters to a California company, demanding that it stop selling T-shirts online that feature the official elephant logo. The RNC's "cease and desist" actions have raised interesting legal questions about free speech versus trademark laws, Politico reports.
Entrepreneurs apparently can get around the trademark troubles by designing a modified logo. "If you want to say 'GOP' and design an elephant that's ... not precisely the same as ours, that's fine," RNC chief counsel Sean Cairncross told Politico.
Ironically, legal experts say the RNC may have a much harder time stopping the sale of T-shirts criticizing Republicans than T-shirts that are favorable. Anti-Republican merchandise could be considered parody, which is specifically exempt from trademark rules.
But then, who in Minnesota would want to criticize Republicans during their convention? That would be rude.
Posted by Matt Smith at July 17, 2008 3:10 PM
« Activists: new RNC police policies too watered down | Main | McCain to pick VP candidate this week? »
Comments
Who are they kidding?
item 1: http://shop.cafepress.com/design/13327835 - horrible political choice, really cute design. Obviously, yes, it's the RNC logo.
item 2: http://shop.cafepress.com/design/15300311 - who in the world think this looks like their logo? It's vaguely elephantine and is red/white/blue. Really poor design quality, if I've got to squint to figure it out from 15" away. This would simply be a blob if I saw it as a bumper sticker.
I'm curious, using the sports analogy from POlitico - if the Vikings have control over their logo, to prevent fans from making money off it (like the RNC trying to prevent pro-RNC merchandise) ... is the anti-Viking parody merchant off the hook for trademark infringement, if it's "parody"?
What a simply bizarre facet of law.
Posted by: GopherMPH at July 18, 2008 12:16 AM
However, "satire for profit" may still be a trademark violation. If 'they' were giving the shirts away, that's one thing. Putting a price on them, even if it's only to recoup production costs, that's quite another. I seem to remember a Village Voice legal action a few years back that shut a vendor or three down in NYC.
Posted by: johnnie at July 19, 2008 2:01 AM
I don't like elephants.
Posted by: Helm Matthews at July 20, 2008 4:58 PM
With respect, I think your headline is misleading. The RNC did not send threatening letters to logo "abusers," but to people engaged in legitimate commentary. And when we challenged the RNC, it quickly backed down with respect to supporters as well as critics. See http://pubcit.typepad.com/clpblog/2008/07/rnc-gives-up-tr.html
Posted by: Paul Alan Levy at July 21, 2008 3:49 PM
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