Is the DPOC Going to Defend Its Trademark or Not?

By
Greg Diamond
– February 10, 2020Posted in: Fresh Juice

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DPOC has a trademark that is supposed to be limited to publications coming from,  or at a minimum approved by, DPOC.

A flyer of one veteran DPOC member currently running for re-election looks like this:

Lawless party governance may be a way of life — but so is calling it out!

(This person claims to be endorsed by DPOC Chair Ada Briceño, something that Briceño may want to think about deeply.)

My understanding is that the DPOC as a body has not endorsed in races to join its ranks — indeed, its doing so would be revolting — and that Ada does not have the right to decide to authorize use of the trademark to just anyone she wants.

Now it’s been years since I practiced any trademark law (back in NY), but I’m pretty sure that failure to defend a trademark means abandoning it.

If DPOC is abandoning its trademark, I believe that it become free for anyone to use. Anyone like, say, me — in promoting my own list of endorsed candidates.

I happen to think that my list would look pretty great with the DPOC logo (which I played a role in designing, though unless challenged on that I won’t tell how) would look pretty great splashed all over my list of candidates! And if DPOC has declared open season on its use — by letting the favored party insider who is swiping it do so with impunity — than I’d be silly not to take advantage of it! I’ve had it with lawlessness in Democratic Party internal governance!

Looking at their calendar, we’re in the middle of a four week gap between Central Committee meetings, which means that DPOC’s Executive Committee should probably be meeting tonight. They have the capacity to act in this sort of emergency. I’ll happily provide the full original context of this campaign flyer as presented online.

Or, if not — thanks for abandoning your trademark, folks!

About Greg Diamond

Somewhat verbose attorney, semi-disabled and semi-retired, residing in northwest Brea. Occasionally ran for office against jerks who otherwise would have gonr unopposed. Got 45% of the vote against Bob Huff for State Senate in 2012; Josh Newman then won the seat in 2016. In 2014 became the first attorney to challenge OCDA Tony Rackauckas since 2002; Todd Spitzer then won that seat in 2018. Every time he's run against some rotten incumbent, the *next* person to challenge them wins! He's OK with that. Corrupt party hacks hate him. He's OK with that too. He does advise some local campaigns informally and (so far) without compensation. (If that last bit changes, he will declare the interest.) His daughter is a professional campaign treasurer. He doesn't usually know whom she and her firm represent. Whether they do so never influences his endorsements or coverage. (He does have his own strong opinions.) But when he does check campaign finance forms, he is often happily surprised to learn that good candidates he respects often DO hire her firm. (Maybe bad ones are scared off by his relationship with her, but they needn't be.)