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Home→Uncategorized→Interesting California Lawsuit on Trademark Protection for Party Symbols Likely to be Settled by Stipulation

Interesting California Lawsuit on Trademark Protection for Party Symbols Likely to be Settled by Stipulation

Posted on April 28, 2015 by Richard Winger

Earlier this year, a California PAC sent out literature in support of a Republican candidate for State Senate in the 7th district special election, and that literature used the Republican Party’s trademarked stylized elephant. The California Republican Party then sued in federal court, charging the PAC had violated the Republican Party’s trademark. The Republican Party did not support the candidate that the literature was intended to help. The case is California Republican Party v Asian American Small Business PAC, eastern district, 2:15cv-505.

There is little precedent over trademark law as related to political party names and symbols. However, both sides have told the court the lawsuit will probably be settled. This probably means the Asian American Small Business PAC will pay some undisclosed amount of money to the Republican Party, and in exchange the party will drop the lawsuit. Whether there is a settlement will be known for sure on May 4.

Comments

Interesting California Lawsuit on Trademark Protection for Party Symbols Likely to be Settled by Stipulation — 3 Comments

Casual Observer and/or Casual Bystander on April 28, 2015 at 3:44 pm said:

This could get Nast-ty!
Demo Rep on April 28, 2015 at 6:52 pm said:

Obviously there should be some common law stuff in most/all States regarding the names and logos.

What happened regarding biz stuff since 1776 —
John’s Store, Joe’s Bar, etc. ???

See the various *Assumed Name* laws — for fictional *persons*.
Jim Riley on April 28, 2015 at 9:15 pm said:

The PAC may not have any money. Their contributions were coming from labor unions. Apparently it was more plausible for a “small business” PAC to be supporting a Republican than a union. The negotiations may be about gathering evidence about the labor union’s involvement.

Predictably, two of the unions involved, the firefighters union and the nurses union had argued that Proposition 14 would allow candidates to be deceptive about their party affiliation.