Post from Dave Harding's Blog:
West Point Sues Graduates Over Non-Political Use Of Their Name, Allows McCain Supporters Right To Use In Political Ad


Jack Tapper at ABCNews points out today that McCain Uses Image of Gen. Petraeus in Fundraising Solicitation

Which reminded me of the above image of a billboard seen on I-75 here in Ohio. Note that the ad was paid for "West Point Grads For McCain".

It seems just two years ago West Point sued another group also calling themselves "West Point Grads" who were in fact anti-war, claiming trademark violation over use of the name West Point.

West Point Sues Anti-War Grads

The United States Military Academy, a/k/a, the United States Government, a/k/a the citizens of the United States are suing a group of West Point graduates who have organized against the Iraq War to prevent their use of the “West Point” name.

The Army warned an anti-war group of former U.S. Military Academy cadets to stop using the words “West Point” in its name, saying they are trademarked. A co-founder of West Point Graduates Against the War countered Friday that his organization is simply following the cadets’ code. “At West Point, we were taught that cadets do not lie, cheat or steal — and to oppose those who do,” said William Cross, a 1962 West Point graduate. “We are a positive organization. We are not anti-West Point or anti-military. We are just trying to uphold what we were taught.”

West Point spokesman Lt. Col. Kent Cassella said the academy sent the April 12 warning letter because the group failed to go through a licensing process to get permission to use the term “West Point.” The group’s anti-war stance is irrelevant, he said. “This is not a political issue. They did not ask for permission. We are doing what any college or university would do to enforce its trademarks,” Cassella said.

The Army registered the words “West Point” — as well as “United States Military Academy,” “USMA,” and “U.S. Army” — as trademarks in 2000 to control their use on educational material and commercial goods.

An attorney hired by Cross and his colleagues said the warning raises questions of First Amendment speech protection and selective enforcement. Joseph Heath said he noted the concerns in a response sent to the Army on Monday; he has not yet received a reply, he said.

So, if you're a Republican group, who supports a Republican candidate, the U.S. Military will allow you to use the name "West Point", in a way that is clearly political, but if you're a group with the same qualifications as graduates of West Point who used the name in a non-political manner the military will sue you?

Reader Comments

Comments are closed for this post.

  
Irony?
By Modern Esquire May 30th 2008 at 5:16 pm EDT
I saw the same billboard, and I thought the "Beat Navy" in the corner was ironic given McCain's military history.
Re: Irony?
By Dave Harding, ProgressOhio May 30th 2008 at 6:12 pm EDT
Nice catch Modern!

I was so focused on the lawsuit part . . . that passed me by.
  
Correcting the Record
By User from West Point, NY Jun 2nd 2008 at 9:30 am EDT
I am the Director of Comunications at West Point and want to correct the record. We enforce our trademark with all groups no matter thier political affiliation, or lack thereof.

"West Point Grads Against the War" were not sued, they were sent a cease and desist letter. A group which intended to form as "West Point Grads for McCain" were similarly contacted and opted to change their moniker to "Service Academy Grads for McCain."

Despite best efforts, we were unable to send a cease and desist letter to the group that paid for the McCain billboard in Ohio because we were unable to identify the source of the billboard. The issue was OBE within a few weeks, as the billboard came down on its own.
Re: Correcting the Record
By Dave Harding, ProgressOhio Jun 2nd 2008 at 11:49 am EDT
Thank you for your input.

I'm curious, if you were able to contact the group "West Point Grads for McCain" who is legally indicating that they are responsible for the ad by use of their now previous name, how is it that you could not send a cease and desist letter to them?

Did this group pay for the ad or not?

If they did not who did?

Did you file a complaint with the FEC?

Enforcing trademark would certainly require investigating fully any and all unauthorized usage(s) of your trademark.

Unauthorized usage in a political ad requires additional enforcement through the FEC. Did you take this step?
  



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