On March 5, the California Republican Party filed a federal lawsuit against the Asian American Small Business PAC, charging that the PAC sent campaign literature on behalf of a Republican running in the March 17 State Senate special election, district 7. The complaint is that the campaign literature uses the party’s elephant logo, even though the candidate, Michaela Hertle, is not endorsed by the Republican Party. Here is the complaint in the case, which was filed in the eastern district, 2:15cv-505.
The Republican National Committee trademarked its logo in 1969, according to the Complaint.
When the Washington state top-two case, Washington State Republican Party v Washington State Grange, was heard in the Ninth Circuit after being remanded by the U.S. Supreme Court, the lower federal courts said the Lanham Act doesn’t apply to political party names and symbols. The Lanham Act is the federal law concerning trademark infringement.