Political Trademarks- Intellectual Property in Politics & Government


Confusion, deception, and mistake are generally unlawful in marketing campaigns. 14 USC § 1125 (a) [Lanham Act § 43(a)]. Yet confusion, deception, and mistake are typically lawful in political campaigns. At the other end of the spectrum, confusion is unneeded for enforcement actions involving Olympic symbols, Smokey the Bear, and other specially protected species.

This is true whether what is being promoted is an individual candidacy for public office, or a particular political issue or point of view.

Pervasive Branding; Intentional Falsification; Predicate Innuendo; Negative Advertising; Ownership; Sovereign Immunity; Federal Trademark Applications; Globalization; Conclusion.

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Published In: Constitutional Law Updates, Elections & Politics Updates, Intellectual Property Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Daniel Kegan | Attorney Advertising

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