West Point Sues Graduates Over Non-Political Use Of Their Name, Allows McCain Supporters Right To Use In Political Ad
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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?


















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I was so focused on the lawsuit part . . . that passed me by.
"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.
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?