Use of Government Personnel, Uniforms and Insignia in Promotional or Advertising Materials

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The Department of Homeland Security recently updated its website to identify agency intellectual property that should not be used without prior authorization from the agency. The website identifies a long list of agency related trademarks including those applicable to well known agency programs. Whether all of the claimed trademarks would prove enforceable if challenged remains to be seen. The agency's asserted blanket "no use" prohibition without prior consent also is legally suspect. Regardless, the newly published list serves as a reminder that contractors must use the government identifiers with care in connection with any promotional or advertising materials.

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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.

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