RNC threatens Roy Barnes over use of elephant logo, and the letters ‘G,’ ‘O,’ and ‘P’

The Republican National Committee has threatened to take Democratic nominee Roy Barnes to court over the use of its elephant logo on his “Republicans for Roy” web site, as well as the letters G-O-P.
republicansforroy

Who knew GOP was a registered trademark? Sounds like the legalese you hear before baseball games: “No accounts” of the game allowed without permission. Which, if strictly enforced, would really hamper water-cooler talk.

Read the Sept. 30 letter here. In part:

Mr. Barnes clearly lacks a belief in private property rights, as his unauthorized use of the RNC’s intellectual property demonstrates. The Barnes campaign’s use of the RNC’s Official Elephant Logo and “GOP” trademark thus appear to be clearly designed to mislead the public into thinking that Mr. Barnes is someone he is not and that he has the support of the Republican Party, which he assuredly does not have…

The RNC hereby demands that the Roy Barnes campaign immediately cease and desist from utilizing “GOP” and the Official Elephant Logo or we will be forced to pursue the matter in a court of law….

The letter is signed John R. Phillippe Jr., chief counsel for the RNC.

But no doubt the RNC will need local counsel as well. We have in mind a certain Marietta law firm with a GOP-documented reputation for suing the heck out of rich businesses — and winning.

Update at 3:15 p.m.: Both sides are looking to stoke this issue. Said Rachel Bauer Taylor, spokeswoman for the RNC:

“Roy Barnes is no Republican. In fact, he’s running as a Democrat against the bona fide Republican, Nathan Deal. During his former reign as a liberal Governor of Georgia, he left Georgia with a $640 Million shortfall at the time he was fired and also the largest overall job loss in the state for that period since the Bureau of Labor and Statistics first started tracking back in 1939. Roy Barnes was wrong for Georgia back then and he’s certainly wrong for Georgia now – no matter how hard he tries to cloak himself in our logo.”

And the retort from Emil Runge of the Barnes campaign:

“Congressman Deal asked his Washington friends to protect him after he saw how many Republicans were flocking to Roy Barnes. Georgia’s Republicans know that unlike Congressman Deal – who voted for the largest tax increase in state history – Roy is the true fiscal conservative in the race for governor.”

For instant updates, follow me on Twitter, or connect with me on Facebook.

217 comments Add your comment

Sick&Tired

September 30th, 2010
2:10 pm

No, the candidates are not Dumb and Dumber. That would fall on the people in this state, because they are currently Dumb and chose to be Dumber; the end result will be the Dumbest constituents in the country. Or as Fred Sandford would say DUMMIES.

Mongo

September 30th, 2010
2:12 pm

The Georgia GOP has intellectual property? That’s a laugh and a half. No one in the GOP has shone the slightest glimmer of intellect in over 50 years.

GaDMC

September 30th, 2010
2:13 pm

If you look at the history of both, they are not much to hope for Deal keeps showing up with more sketchy dealings everytime you read the news. Well I am starting to really think, if we really want change maybe it’s time to vote for the underdog the Liberiartian or whatever the party is. I don’t know what they stand for but right now I think it can’t be any worse then what we get to choose from between the crook Deal and the failed Gov Barnes. I think the other guy has my vote this year!

RT

September 30th, 2010
2:14 pm

Good strategy here from the RNC. Add headlines with a stupid lawsuit or threat of one against a candidate that is a brilliant trial lawyer. Deal should go out and figure out how to pay off his family’s bad business debt, because he will not be GA’s next governor.

Almedin

September 30th, 2010
2:16 pm

GmDMC, that is exactly what I say. People bitch about Democrats and Republicans in office, yet they vote for the same people. No one gives thought to the third party. The third party in office can’t do worse than Roy Barnes, nor could they do worse in the White House than Bush or Obama.

Almedin

September 30th, 2010
2:16 pm

RT, the Democraps do some horrible law suits as well. If you hadn’t forgotten the law suit over Arizona.

UpstandingCitizen

September 30th, 2010
2:17 pm

How did we get in this position where we have two choices for Gov… bad and worse. I weep for GA for the next 4 years.

Sam

September 30th, 2010
2:17 pm

Next headline: Israel to sue “Jews for Jesus”

Imma Community Organizer

September 30th, 2010
2:17 pm

Mongo

September 30th, 2010
2:12 pm
“..The Georgia GOP has intellectual property? That’s a laugh and a half. No one in the GOP has shone the slightest glimmer of intellect in over 50 years…”

And then there’s Dems like Hank “Guam will tip over” Johnson, that get elected.

td

September 30th, 2010
2:20 pm

ga2010

September 30th, 2010
2:10 pm
I guess some forget that Deal was a “liberal democrat lawyer” before he became stealing republican….if he wins everyone will find out the “real deal”

I am pretty sure Deal was a prosecutor and a Judge not a slimy suing trail lawyer like Barnes is. I have not read were Deal sued his own state to allow illegals and convicted felons easy access to the election booth. Now which one is the slimy lawyer?

Travis McGee

September 30th, 2010
2:21 pm

The RNC doesn’t give their constituency much credit for having enough sense to know the name of the Republican candidate.

Un-freakin’-believeable!

Mongo

September 30th, 2010
2:22 pm

Imma – every group has a few retards. Only a few groups (like the GOP)are nothing but.

red hill

September 30th, 2010
2:23 pm

Yet again, all the leftists can do is scream, yell and engage in name-calling a race-baiting. You libs should learn to read and write before you show your back sides on a public message board. Keep hitting the “submit comment” button so we can all watch you prove your ignorance.

Healing Time

September 30th, 2010
2:23 pm

This is what is important to the people who run our government…. We have more important and pressing challenges on the agenda than “logo” concerns. While resisting and purposely going against any thing that Obama initiates, please understand that you are not hurting him but you really hurt your constituents with your deceitful efforts and lies. Remember, you were elected to serve all people.

Teddy K

September 30th, 2010
2:24 pm

Roy is a scam artist and a scum bag. Don’t let this joke of a man run Georgia further into the ground.

td

September 30th, 2010
2:26 pm

Healing Time, And what has Obama intiated that is going to help us all?

BRW

September 30th, 2010
2:27 pm

Almedin, Not joking. As soon as G.O.B. Deal files for Chapter xx relief, I want you to yell without thinking just like you did here about that being YOUR money he’s stealing. Between him and Braun the GA GOP is the laughing stock of political parties everywhere.

sam the sham

September 30th, 2010
2:27 pm

The threat to sue uses “the Roy Barnes campaign” in its letter, which is surely trademarked by Roy 2010, Inc.

The Black Marvel

September 30th, 2010
2:27 pm

Real tough talk from all of you RNC tea partiers sitting in front of your monitors talking trash. I bet that the majority of you don’t the external testicular (or internal ovarian) fortitude to actually say it to a Dems face.

Horsefeathers

September 30th, 2010
2:28 pm

Amen Teddy K!!!

What's Important

September 30th, 2010
2:28 pm

Roy Barnes is an attorney. If he doesn’t know that using the GOP name and Elephant in his campaign was an abuse of trademark and tradestyle laws then he should give up his bar license. As to appearing with President Obama, Roy Barnes does not want to appear with President Obama because people will then realize how much alike they are. They both think all they have to do is say “make it so” and it will be done. Unfortunately, they are playing with our futures to stroke their egos.

td

September 30th, 2010
2:29 pm

Mongo

September 30th, 2010
2:22 pm
Imma – every group has a few retards. Only a few groups (like the GOP)are nothing but.

Who owns or runs the company you work for? I bet he/she is a republican? Is he/she a retard or is he/she just dumb for a hiring a lib?

What's Important

September 30th, 2010
2:29 pm

The old saying is “better the Devil you know than the Devil you don’t know.” I believe Roy Barnes is the exception to the rule.

Horsefeathers

September 30th, 2010
2:30 pm

BRW, can you back up that statement with proof??

td

September 30th, 2010
2:31 pm

The Black Marvel, Most of the people I work with are libs and I say it everyday to them. Matter of fact the day after Bush was re elected I went into the office the next day singing “Own ward Christian soldier”

The Black Marvel

September 30th, 2010
2:32 pm

Real tough talk from all of you RNC tea partiers sitting in front of your monitors talking trash. I bet that the majority of you don’t have the external testicular (or internal ovarian) fortitude to actually say it to a Dems face.

bulleyboy

September 30th, 2010
2:32 pm

Politicians put us in this mess so I say, throw ‘em all in the clink, we are better off without them.

What's Important

September 30th, 2010
2:33 pm

Mongo, please forgive me if I don’t put much credence in the beliefs of a person who is crass enough to use the word retard as a pejorative of a group of individuals. Only someone with limited intellect stoops that that level.

GDAWG65

September 30th, 2010
2:33 pm

Barnes will be as deceptive as ever and use any tactics: illegal or unethical it doesn’t matter to him. Like other democrats if it buys votes – just do it. He’s as crooked a politician Georgia has ever had.

The Black Marvel

September 30th, 2010
2:35 pm

TD. Your singing career ended once President Obama entered office!

Kevin

September 30th, 2010
2:35 pm

I’m sure Nate Deal will find some way to lose millions of dollars on this issue too!

Tech82

September 30th, 2010
2:37 pm

The fact that Roy Barnes – an accomplished trial attorney – would blatantly misuse a registered trademark for his own benefit reveals exactly how he feels about the rule of law. He, like his hero Obama, considers himself to be above the law. No matter how this election turns out, Georgia’s next governor is going to be a first class loser.

PLEASE TAKE US BACK 2 DA 1950'S GUD OLE BOY DAYS

September 30th, 2010
2:37 pm

CRYBABY REPUBLICANS,HOW DID THOSE BUSH 8YEARS OF TAXCUTS WORKOUT? THE GO.P PARTY DID NOTHING BUT DESTROY THE AMERICAN ECONOMY FROM 2000-2008!

td

September 30th, 2010
2:37 pm

GDAWG65

September 30th, 2010
2:33 pm
Barnes will be as deceptive as ever and use any tactics: illegal or unethical it doesn’t matter to him. Like other democrats if it buys votes – just do it. He’s as crooked a politician Georgia has ever had.

The ends justify the means. Excellent point. I have heard libs say this forever.

Jewish Republican

September 30th, 2010
2:37 pm

Al- don’t give me the”as a jew” card. How about “As a Georgian.”

Trademark law is trademark law, and Barnes definitely is in clear violation, using the Republican logo for his advancement.

If this was a Republican using the Democrat’s donkey (great choice), you bleeding heart liberal, more government, more taxes, take from the hard working upper and middle class and give it to the low life, won’t get off their asses and work for their money but depend on the government to support them left wingers, you’d be all over this, with Cynthia Tucker leading the way!

What's Important

September 30th, 2010
2:37 pm

Black Marvel, and your posts are being sent by what, smoke signals or esp? Only the small minded must take discussions to the lowest level of communication, fighting.

td

September 30th, 2010
2:39 pm

The Black Marvel

September 30th, 2010
2:35 pm
TD. Your singing career ended once President Obama entered office!

It did end for one term but I have been practicing because I think I will need the voice back in 2012.

Clay

September 30th, 2010
2:40 pm

Wow…. Nathan Deal is such a bad candidate they are attacking his opponent over intellectual property rights of a political logo….. Sounds pretty desperate to me

Why do Georgia Republicans continue to nominate and vote for such bad candidates??

Georgia is a conservative state… If you nominate and vote for a decent conservative candidate, then the election would be a shoe-in for republicans and no one would care about such trivial issues.

chris

September 30th, 2010
2:41 pm

not sure what the legal standing on this is – but the Republican Party didn’t actually “create” the elephant as a representation of them. The creator of this was, if I’m not mistaken Thomas Nast. If not him, then another of the late 19th Century Political Cartoonists did it. In either case, the usage is pretty old and its copyright may have expired. I suppose that depends on whether or not they’re suing about the use of an elephant or a specific design of one.

Of course – I don’t think that this lawsuit has much merit anyway. If just one “member” (not sure how to define this in an open state like GA) of the Republican Party openly supports Barnes then technically they bring the usage of the terms Republican and its logo with them. It’s like if Chipper Jones goes out on an autograph signing tour he still retains the ability to identify himself as a member of the Atlanta Braves and can be introduced and promoted as “Braves Superstar Chipper Jones.” So if there are actually Republicans supporting Barnes then technically speaking the terms/logos could be used. If GA were a closed state with strictly defined membership you might could make an argument otherwise.

I think there are some Republicans supporting Barnes and have mentioned so on this board, just as there are some Democrats supporting Deal, I’m sure. Overall this whole thing seems kind of silly. If this case proceeds and the courts find in favor of the RNC then hypothetically it could criminalize the use of the opposition party’s name. So the RNC could get sued for saying “Obama and the Democrats want to raise your taxes” simply because they didn’t have permission to use the term.

BRW

September 30th, 2010
2:42 pm

Horsefeathers, What did I say that requires proof? I’m not Faux News, lying about being Fair and Un-Balanced, though I value my OPINION more than I value their “news”.

td

September 30th, 2010
2:46 pm

chris,

I think the whole point is to show that Roy is an attorney and as such knows he should not use the trademark but he will say or do anything to get elected. Just like promising the teachers a 6% raise every year if elected when he knows the state has no money?

red hill

September 30th, 2010
2:46 pm

“Real tough talk from all of you RNC tea partiers sitting in front of your monitors talking trash. I bet that the majority of you don’t have the external testicular (or internal ovarian) fortitude to actually say it to a Dems face.”

I usually try to avoid places that are infested with Democrats (especially Atlanta). As for saying it to their faces, I’m always glad to do so. Problem is, they can’t understand plain english.

Jim Franks

September 30th, 2010
2:46 pm

Foy you non-believers like Keith, try using the Coca Cola Logo, Colors or symbols and see how long it takes for you to be sued for unauthorized use of their trademarks. You would be sued by the end of the day.

Keith, keep on selling your knockoff watches and handbags at the flea market and hope you don’t get caught.

Jim

September 30th, 2010
2:48 pm

Actually, I think they should be sue Nathan Deal for using their logo.

ZELL4PRES

September 30th, 2010
2:49 pm

I bet if Roy promised to redistribute the wealth like Obama, you all would vote him in…
And republicans are the crooks? Go work for your own money! Go get your own health insurance, just like those of us who have understood for years have done. God you people terrify me with your laziness and stupidity. There will be a hefty price for all your slow children to pay for years to come.

Jerry Mandering

September 30th, 2010
2:51 pm

Ol’ Roy . . . what will he do next? He’s gotten so big now he might qualify to ride around Walmart in one of those electric carts. Do we have one of those at the Capitol? He should work out with Rev. Long and get fit again.

The Black Marvel

September 30th, 2010
2:51 pm

TD – I certainly hope that you’re not hoping for Sarah Palin to run and actually win. Your album won’t even go “wood.” You won’t even outsell Latoya Jackson or Yoko Ono.

Imma Community Organizer

September 30th, 2010
2:51 pm

Mongo

September 30th, 2010
2:22 pm
“…Imma – every group has a few retards. Only a few groups (like the GOP)are nothing but….”

Nothing like a whole group being judged by an intellectual midget. Laughable.

Robert

September 30th, 2010
2:51 pm

Let’s get this straight. Roy is trying hard to look like a republican. The republicans are trying hard to make sure that Roy Barnes is seen by the public as the democrat he has always been.
Whose record is he avoiding?
Why did he not want to be seen with Obama?
Why would he be trying so hard to associate himself with the republicans?

Barnes Loves A Deal

September 30th, 2010
2:52 pm

Barnes is a die-hard Democrat. He’s just trying to get votes using the GOP symbol since Obama has tanked as President.
But as a Republican, I really don’t want Deal because he cannot manage his own finances. Georgians basically now have either a failed retread (Barnes) or a financially inept (Deal) for choices as governor. Can you say we need a bonafide third choice ?