Does the Lanham Act, which provides the national system of trademark registration and protects owners of registered marks against the use of similar marks, allow national political parties to prohibit individuals from using of their name and logo in communications? This is the key question in a case before the U.S. Court of Appeals for the Sixth Circuit, in which the Libertarian National Committee is seeking to stop the Libertarian Party of Michigan from using its marks. The Libertarian Party of Michigan claims their use of the mark for political activities falls outside the Lanham Act's protections designed for unauthorized use of trademarks in commerce. Professor Lena Shapiro, acting as counsel for the Libertarian Party of Michigan, stressed to Law360 the importance of protecting essential political activities and hopes the Sixth Circuit will rule that political activities should be excluded from trademark infringement law.
Read more about this case in the Law360 article.