Feeling the Berns: Bernie Sanders Is Abusing Trademark Law to Suppress My Parody

April 15, 2016 3 min read

Now Bernie Sanders is trying to abuse trademark law in an attempt to suppress my free speech, in almost the exact way the NSA, DHS, and Hillary Clinton's Super PAC did

Yesterday, April 14th, the Bernie Sanders campaign sent a cease and desist letter claiming that I am unlawfully selling my parodies because they used the likeness of the official Bernie Sanders for President logo in this shirt.

Here's what my Lawyer, the heroic scourge of copyright trolls across the internet Paul Levy stated in his blog:


What is it about presidential campaigns that brings out some of the worst examples of trademark bullying?

Two years ago, we shot down bogus a trademark demandby the Ready for Hillary pre-campaign PAC, which tried to suppress Liberty Maniac's “Ready for Oligarchy” parody. (Readers of this blog may remember Liberty Maniacs (and its owner, Dan McCall) for I'm Ready for Oligarchy Parodyhaving drawn threats from the NSAfor calling it “The only part of the government that actually listens.”)   Last year, it was a demand from Ben Carson’s campaigntrying to take the Carson name off both critical and complimentary campaign wear.  In 2012, Ron Paul’s campaign committee contended that its trademark was infringed by a YouTube videothat satirized its efforts.  And in 2008, we had to seek a declaratory judgment against the RepublicaThe NSA: The Only Part of Government That Actually Listensn National Committee to get it to back off an effort to use trademarkto prevent people from using the elephant logo to describe the Republican Party as an object of affection or derision.  Each time, the lawyers representing candidates or political committees made stupid legal threats based on a misunderstanding of trademark law (or using pretended trademark law claims as an excuse), and each time, the public response to the demands taught them about the consequences of making such demands.  


Now it is the turn of Bernie Sanders' campaign to learn that lesson.  Yesterday a Seattle lawyer claiming to represent "Bernie 2016, Inc." sent a demand letterto Daniel McCall of Liberty Maniacs, contending that the following parody image, which plays on Sanders' personal background as an avowedly Socialist candidate by referring to him as a "comrade" and linking him to Communist leaders from the 19th and 20th centuries, might confuse users into believing that the Sanders campaign is voluntarily associating its candidate with the communist party.   

Invoking the campaign’s trademark and copyright in the Bernie 2016 logo, a lawyer named Claire Hawkinshas demandedthat McCall stop purveying this image.  

Hawkins is not a newbie lawyer; she is a mid-level IP partner at a substantial Seattle-based law firm; her web page suggests that she should know better than to make such trademark claims.   I do not know whether the Sanders campaign saw her letter before she sent it.  If it did not, it might want to consider keeping its lawyers under tighter control; if it did, it deserves all the negative attention that this foolish letter from its lawyer will likely bring.

On behalf of McCall, I have explained to counsel for the Sanders campaignwhy her trademark and copyright claims (and an election law claim!) cannot succeed.   I hope that she will have the decency to renounce her attempt to use trademark law to suppress speech.

UPDATE: Just after I posted this article, my email to Ms. Hawkins produced a call from the "lead counsel" for the Sanders campaign -- a lawyer whose web page represents that he "provides strategic advice to candidates [and] political committees."  I understood him to say that the demand letter was sent by the law firm without any consultation with the Sanders campaign, as part of what he regards as his responsibility to protect his client's intellectual property.  But when I tried to explain to him that such responsibilities do not extend to trying to suppress parodies, he complained that I was lecturing him.  I recognize that his thing is election law, not trademark law. 

Things are developing quickly, so more on the subject will undoubtedly follow soon.
Please consider helping with the heroic work Paul Levy is doing to make the world safe from free speech bullies by donating to his organization, Public Citizen here

Be sure to follow Liberty Maniacs on Facebook and Twitterto follow how things develop.
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Go to the Liberty Maniacs Bernie Is My Comrade T-Shirt by Dan McCall

18 Responses

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Zbip de Montreal

April 23, 2016

Erm, I would bet that freedom of speech and parody are not in question here, but rather “use for personal gain” of a registered trademark…

Kind of like if I put a picture of Trump on my steaks and added the caption “I actually like this steak more than my own!” ; )

Betcha the cease and desist wouldn’t be more than a few hours in the coming LOL

Jason Yungbluth
Jason Yungbluth

April 21, 2016

Liberty Maniacs burns Bernie… but will they be Berned in return? New parody T-shirt uses Liberty Maniacs own logo!

http://www.whatisdeepfried.com/2016/04/21/feelin-berned/

MK
MK

April 18, 2016

First off nicely done. Satire is always protected Falwell v Hustler – Public figures cannot circumvent First Amendment protections by attempting to recover damages based on emotional distress suffered from parodies.

Dirk – petulant child? Libertarians are the only ones saying that were adults and would like the government to leave us the hell alone, we can make our own choices.

Buford Gooch
Buford Gooch

April 18, 2016

Streisand effect strikes again.

AC
AC

April 18, 2016

Looks like Dirk is aiming for a position as one of Bernie’s Chekists.

Oleg Atbashian
Oleg Atbashian

April 17, 2016

This story is now on the People’s Cube:

http://thepeoplescube.com/peoples-blog/feel-me-bernie-directs-to-bern-bernie-my-comrade-shirts-t17849.html

“The cease and desist demand was reasonably polite and didn’t even contain threats to send the Liberty Miscreants and their families to the gulag, or to confiscate their production facilities (something we would have done).”

Dan
Dan

April 15, 2016

Dirk Diggler – can I get ad hominem for $1000, Alex?

Dirk Diggler
Dirk Diggler

April 15, 2016

you’re a petulant child -just like all libertarians.
you don’t know shit about economics.
your “joke” is stupid.

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