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Screenshot from Politico.com: http://www.politico.com/news/stories/0708/11834.html
My name is Katherine Daigle. I am a Moderate Conservative Republican. I have been a Republican for many many years. My party’s symbol is the elephant. The elephant is a quick way to tell the Voters that I am a Republican. This is especially important when I am running for political office.
I am running for Mayor of Irvine and I want people to know that I am a moderate Republican. To me, that stands for my being a fiscal conservative, running a responsible government with a balanced budget, the economy, and jobs. The best way to promote family principles is to manage the economy, so more jobs are created, so people have enough money to raise their families the best way possible.
I am running against a Democrat, Mary Ann Gaido, and another Republican, Steven Choi. To me, Choi does not represent the principles of the Republican Party that I value. He is the endorsed candidate of the Republican Party. Unfortunately, “money talks.” But that doesn’t make him a good Republican, it makes him a “paid for” Republican.
Lots of Republicans would prefer someone like me, who is a responsible business person, who understands the relationship between family, strong leadership and our Irvine quality of life. I will continue to steward Irvine’s standing as a world-class city in education and public safety. I am here as the voice of change.
I want to let voters know who and what I am. So I created my signs with my name and a drawing of a little white elephant.The signs also include a slogan: ”I am asking you to recognize my commitment to you and meet the challenge for change with me.” I was surprised when I received a nasty letter from my party objecting to my use of the elephant on my signs. They claimed that it was their logo. It isn’t. Their logo is what you see on those plush toys in the photo at the top right.
In the story containing that screenshot, their lawyer, RNC chief counsel Sean Cairncross, described it this way:
“Our elephant is specific. It’s stylized, it’s blue and red, it has three stars across its back that are tilted.”
He also said:
“If you want to say ‘GOP’ and design an elephant that’s similar, want to design an elephant that’s not precisely the same as ours, that’s fine.”
That’s exactly what I did. And it’s fine.
The story with that photo above is one where they’re making a trademark claim against someone selling products with the GOP logo online. As it was described, the difference between what they did and what I’m doing is this:
“They’re using that precise elephant.”
And I’m not.
Some people have said that my using an elephant on my signs at all is wrong and unethical. I don’t see it that way.
I have earned the right to display my elephant on my signs. It tells voters and everyone else that I am a Republican. They don’t have to endorse me. They can endorse the man who is such good friends with the great big developer who wanted to keep the Veterans Cemetery that I supported out of the Great Park. They can endorse that man who I don’t think conducts himself like a Republican as Mayor. But they can’t take away from me that I am a Republican. They can’t take away from me that I will govern like a moderate Republican.
What they are trying to do is unethical and wrong. If they want to sue me for my using my freedom of speech, they absolutely can. I can sue them for trying to suppress my freedom of speech.
This is not about trademark infringement. This is about their trying to say that nobody who isn’t like Steven Choi gets to tell people that they are a Republican.
That is bad for our party. It may be good for Steven Choi, but it is bad for us good Republicans — people who I want to represent as Mayor!
I do want to be cooperative, though. So I have started going around with my daughter and we are painting out the stars on my sweet lovable little elephant. When you see a white little elephant on an orange sign, remember that the painted out stars means that our county Republican Party doesn’t want you to confuse me with Steven Choi.
I don’t want you to confuse us either. I’m a good traditional Republican, and the right choice for Irvine.
A) Despite your constant protestations to the contrary, this IS about trademark infringement.
B) Just because someone once said ““If you want to say ‘GOP’ and design an elephant that’s similar, want to design an elephant that’s not precisely the same as ours, that’s fine,” it doesn’t mean that that is sound legal advice that would withstand the scrutiny of a lawsuit.
C) Trademarks are often displayed in multi-color and…AND…single color versions!!! A copyright judge would look at what you’ve done and laugh you out of court. Go ahead, take this to court and see if you prevail! You know darn well that you wouldn’t. And that is NOT about free speech.
D) Coming back on this blog to make this a big deal instead of letting your error be corrected and left alone shows you to be a stubborn person who cannot admit wrongdoing.
It doesn’t have to be “sound legal advice.” Coming from the potential opposing party’s lawyer, it’s what we call an “admission.” That’s why I laughed out loud when I read it. She was entitled to act in reliance of the statement.
I’d be shocked to see the GOP bring it to court (there’s no reason that Katherine would initiate the suit), and doubly shocked if they did it after she made remedial measures like painting out the stars, and triply shocked if they thought they could bring her to court without also suing Gail Eastman (and, as I understand it, others.) You don’t get to “pick and choose” in defending your mark.
Of course it doesn’t have to be sound legal advice. And it wasn’t.
Yes, she’s entitled to act any way she wants. Thank you for stating the obvious.
She doesn’t see that what she did was wrong. Do you think what she did was wrong?
No. I don’t think that it infringes on their trademark, although until I saw that statement I was leaning the other way.
I think that it identifies her as a Republican, not as an endorsed Republican. And she is the former.
Plaintiffs have won trademark infringement cases for logos that look far less similar than these (ie Apple Music and Myspace Music icons). And as I’ve pointed out previously, we’re talking about similar contexts, which is also crucial (again, note the Apple/Myspace case). It’s not like Ms. Daigle is trying to start an elephant petting zoo.
On second thought…
We’re also talking about commerce, in those cases, with the potential for huge monetary damages.
I don’t get your “on second thought” joke.
Let’s have a fair and honest debate…posting as an “anon” doesn’t qualify.
Whatever brought you here, Dee? This post is nearly eight years old!
Actually the symbol for a Republican like you Katherine is RINO, not an elephant. Carry on.
Are you implying that those signs may yet see some more paint? lol.
Actually Allan, I don’t think your “opinion” really matters. I’m sure someone could suggest a logo for you.
Ax swinging man in New York says that we need to attack the Elephant like a swarm of Bees.
Are you picking up his transmissions on your tooth fillings?
Remember back when Dan Rather was attacked on the street by a man asking repeatedly, “Kenneth, WHAT’s the FREQUENCY?”. The significance of both remarks is similarly elusive.
Thanks for that.
I am going to look that one up.
Can any of you brilliant journalists (bloggers) provide me with a good theory of who “Kenneth” was, what his frequency was all about, and why Dan Rather was attacked and beaten for it?
The assailant was Kenneth Tager.
The NY Daily News broke the story in 1997.
Numerous news sources discussed this in early 1997. Probably the easiest place currently to find information online is the NY Times archives
http://www.nytimes.com/1997/01/30/nyregion/belatedly-the-riddle-of-an-attack-on-rather-is-solved.html
http://www.nytimes.com/2004/11/05/opinion/l05rather.html
Tyler, I read that the beating was never confirmed or brought to a trial by the guy who’s name was William Tager (says so in the article that you posted) not Kenneth Tager.
So we still don’t know why he insisted on repeating “What’s the frequency”….?
Not a good decision.
“My name is Katherine Daigle. I am a Moderate Conservative Republican.”
What the heck is a “Moderate Conservative Republican”? Never heard of that animal – stuffed or otherwise.
You apparently don’t know what “Conservative” means. Ever hear of a guy named Edmund Burke?
Why should anyone do your High School homework for you? Look it up!
Tyler – I get it now – RINO
The Main Street Partnership was formed following the 1994 House elections, in which conservative Republicans were swept into power. An informal discussion group formed by Representatives Nancy Johnson, Steve Gunderson, and Fred Upton later became somewhat of an organized bloc intent on representing the moderate wing of the Republican Party. The partnership is currently composed of moderates such as Susan Collins and Olympia Snowe; some members would fit most of the criteria of a conservative, such as Thad McCotter and Brian Bilbray. Members of the group are often labeled as RINOs by more conservative Republicans and are often challenged in Republican primaries by the Club for Growth, FreedomWorks, and the Tea Party movement, among others.[9][10]
The Main Street Partnership has allied with other moderate Republican groups, including Christine Todd Whitman’s It’s My Party Too, Ann Stone’s Republicans for Choice, the Log Cabin Republicans, the Republican Majority For Choice.
With all due respect Katherine, a logo has to be altered more than 50% to not be copyright infringement.
Upon further reading, it looks like the stars have been removed too, which may cover it. It’s very difficult to alter 50% and still have it be recognizable.
Skally and Allan buffoon Moderate Republicans as RINOs.
Republicans need to move themselves away from the Tea Party kooks if they hope to survive. Even in this OC pocket.
Ask B-1 Bob.
Neil – I questioned Irvine’s Victorious Angel on her use of the term Moderate Conservative Republican – neither fish nor fowl.
There are different ways a Republican, or a Democrat, could be called “moderate” … and some take it as an insult, some take it as a compliment.
I made the mistake once of referring to Tom Tait, on a Republican site, as “moderate,” and I meant it as a compliment. I just meant that he was reasonable and nice and knew how to work with everybody. Other conservative backers of him got mad and said “he’s not moderate” because they took that to mean “not conservative FISCALLY which he certainly is.
We non-Republicans are so used to seeing Republicans being anti-gay, anti-immigrant, anti-science, etc, that when we see a real conservative Republican who is NOT any of those things we tend to say, “Hey cool, that guy’s moderate!”
On the other hand it can be used on a Republican who’s not really conservative fiscally, who might be a big taxer or corporate welfare queen, like the council majority in Anaheim. It’s just a word that’s kind of meaningless and useless because it could mean anything. We use “moderate Democrat” on our Democrats who frequently disappoint us by voting against their base – like Daly, Solorio, Correa, Brandman. Although I have better names for some of them.
I got that Vern – – explain “Moderate Conservative Republican” to me.
I should let Katherine do that, I don’t think it’s a very useful choice of words; but in the popular shorthand I understand she’s “socially liberal, fiscally conservative?” Except … I don’t think she’s pro-choice. It’s pretty hard to get all your positions into two or three words, unless you’re a totally predictable “conservative” or “liberal.”
Hi Vern,
I have been endorsed by “She Should Run”, and it is a pro-choice group, I am a member of GOPchoice, surprise: I am ProChoice.
As stated, I am a republican woman for more than twenty (20) years. I am fiscally conservative, I am an advocate for lower taxes, a more efficient government, and I am socially responsible . I believe in a strong law enforcement and invest in our dollars in education for our children .
BTW Katherine – are you or your husband of Cajun, Acadian or French Canadian heritage? Just wondering, my heritage is French Canadian.
Yes my husband, seven sisters and brothers! Marcel “Phil” Daigle
Me Russian/Irish
Never knew you were a frog…That changes everything.
I had forgotten that Tardiff was Acadian and possibly even Cajun!
This changes everything*!
*for some values of “everything”
“Moderate Republican” – pretty well fits. I see no reason to add “Conservative.”
If you can’t describe it – it doesn’t exist. It is either fish or fowl – not both.
Flying fish? Swimming duck?
YOU don’t see a reason, but YOU don’t have to, you yutz!
It’s like a moderately dark gray — there’s room for shades (literally in that case) of distinction between medium gray and black. (Or white, if you prefer.)
This is probably WAY off topic, but when I read this, my first thought was back to an S. Gross cartoon from National Lampoon, which I found in Google Images (but probably unusable due to copyright?). Anyway, I thought it might add some humor. (?) Since it turns out to be from an Indian story, perhaps public domain drawings exist?
https://www.google.com/search?q=cartoon+%2B+blind+men+describing+elephant&es_sm=93&tbm=isch&imgil=ZKJCxQPE4R7FvM%253A%253BiGXxYjkinm3fSM%253Bhttp%25253A%25252F%25252Fappraisalnewsonline.typepad.com%25252Fappraisal_news_for_real_e%25252Foutside_the_boxes%25252Fpage%25252F2%25252F&source=iu&pf=m&fir=ZKJCxQPE4R7FvM%253A%252CiGXxYjkinm3fSM%252C_&usg=__RJeEvBqCPvMZuIpuzxtWxoh3ysA%3D&biw=1280&bih=685&ved=0CDYQyjc&ei=XwpPVLjtFozksAS8p4CQDQ#facrc=_&imgdii=_&imgrc=c7qOHvB6QRlNxM%253A%3B99-hkplxMmX8WM%3Bhttp%253A%252F%252Fi45.tinypic.com%252F2vv42dd.png%3Bhttp%253A%252F%252Fforum.6502.org%252Fviewtopic.php%253Ft%253D777%3B701%3B524
And here’s some further wandering if you prefer verbage to graphics-
Cheers!
http://en.wikipedia.org/wiki/Blind_men_and_an_elephant
How would you folks describe a powerful party insider, journalist, donor and all round great guy like myself?
My blog implies I’m a liberal but my anti-Latino rants say otherwise. Some call me vile, what say you?
Quote from a Clint Eastwood movie, something about a legend ?……….