Political Trademarks- Intellectual Property in Politics & Government

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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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