City goes after council candidate over logo use in campaign flyers
An attempt to restrict political speech using intellectual property laws.
by Cyrus Farivar - May 24, 2016 9:39am
"A well-known First Amendment lawyer has formally responded on behalf of a city council candidate in Mesa, Arizona, who is accused of abusing the city’s trademarked logo in his campaign literature.
In his Monday response letter, lawyer Paul Alan Levy informs the City of Mesa’s lawyer that “not every use of a trademark constitutes infringement, and the First Amendment protects Whittaker’s use of these logos for purposes of noncommercial political expression.” Levy represents political hopeful Jeremy Whittaker.
In his Monday response letter, lawyer Paul Alan Levy informs the City of Mesa’s lawyer that “not every use of a trademark constitutes infringement, and the First Amendment protects Whittaker’s use of these logos for purposes of noncommercial political expression.” Levy represents political hopeful Jeremy Whittaker.
Whittaker received a demand letter last week from Kenneth Booth, an IP lawyer who represents the City of Mesa Municipal Development Corporation. Booth argued that because Whittaker was using and continues to use the City of Mesa’s three-tiered logo on his campaign materials, that it “implies an endorsement of [his] candidacy by the City of Mesa and must stop immediately.”
Levy blasted Booth’s legal arguments and concluded that “Whittaker is not going to give in to your demand on behalf of the incumbent city officials, who apparently hope to use trademark bullying to run up the costs of an independent candidate challenging a longtime city employee whom the incumbents prefer. . . "
Source: Ars Technica
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