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

Posted on by April 28, 2015
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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.

Sixth Circuit Agrees with U.S. District Court That Kentucky’s 300 Foot “No Politics” Zone Around Polling Places is Too Large

Posted on by April 28, 2015
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On April 28, the Sixth Circuit issued an 18-page opinion in Russell v Lundergan-Grimes, 14-6262, holding that Kentucky’s 300 foot “no political speech” zone around polling places on election day is too large. The U.S. District Court had come to the same conclusion last year.

In 1992 the U.S. Supreme Court upheld Tennessee’s 100-foot zone. In 2004, the Sixth Circuit had ruled that Kentucky’s 500-foot zone was too large. Kentucky then amended the law to 300 feet, but that amendment wasn’t good enough. The decision is by Judge Alie Batchelder, a Bush Sr. appointee; it is co-signed by two Bush Jr. appointees, David McKeague and Richard Griffin. Thanks to Rick Hasen for the link.

Kansas City, Missouri Mayor Threatened with Removal from Ballot

Posted on by April 28, 2015
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Kansas City, Missouri, held a non-partisan primary for city office on April 7. The incumbent Mayor, Sly James, was the overwhelming favorite, winning over 84% of the vote against two opponents. The vote was: James 19,884; Vincent Lee 2,112; CLay Chastain 1,456.

However, the city requires a second round on June 23, even for candidates who got over 50% of the vote in April. Now the third place finisher has sued to keep James off the June ballot on the grounds that he was late to pay city taxes. See this story. The lawsuit is in state court and is expected to move quickly.

North Carolina House Passes Bill Making Some Judicial Elections Partisan

Posted on by April 27, 2015
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On April 20, the North Carolina House passed HB 8 by a vote of 69-48. It converts elections for Justice of the Supreme Court, and Judges on State Appeals Courts, from non-partisan elections to partisan elections. These judicial elections had been partisan in the past, but were converted to non-partisan elections effective with the 2004 election.

Other states with partisan judicial races for State Supreme Court are Alabama, Michigan, Ohio, Pennsylvania, and Texas. Michigan and Ohio political parties do nominate judicial candidates, but the ballot omits party labels. West Virginia had partisan elections for those offices, but this year’s legislature converted them to non-partisan elections.