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President Obama sues over trademark infringement

The Obama presidential campaign recently filed a trademark infringement lawsuit against a website known for selling election-themed items. The recent suit marks the second such attempt by the Obama campaign to stop the practices of the Washington-based Demstore.com. The first suit was filed in October 2011. The most recent suit, filed on June 1, 2012, objects to the site’s unauthorized use of several marks. The lawsuit claims Demstore.com is selling T-shirts, bumper stickers and buttons featuring two of Obama’s signature images: the well-known “O” logo, and the Obama “rising sun” logo, which features a blue “O” with red and white stripes at the bottom.

In filings before a federal court, the campaign claims it has been damaged because it relies on the sale of its branded merchandise to help fund the President’s reelection campaign. More than just the money derived from such a sale, the lawsuit alleges that Demstore.com is stealing something potentially even more important: contact information.

When people buy even relatively insignificant items through the campaign’s official site, the President (and his people) then get ahold of the buyer’s contact and information and are able to reach out to buyers to seek further donations.

The campaign’s first trademark suit against Demstore.com was dismissed at their own behest following a January 25, 2012 court filing from the campaign asking that the case be terminated. No details regarding a possible settlement to the first issue have been released publicly.

In the new case the campaign asks that the court bar further unauthorized use of the “rising sun” trademark, among others, and that all merchandise containing the trademark be seized. The President’s reelection campaign is also seeking monetary damages including punitive damages meant to hurt the site for what it says is deliberate infringement.

The Associated Press spoke with Steve Schwat, the owner of Demstore.com, who was none too happy about the lawsuit filed by the campaign. Schwat said that a variety of state and county groups rely on his site, which supports only Democrats, to get materials. Schwat said groups either don’t want or can’t afford to go to Obama’s official website due to the cost. A white T-shirt with the Obama logo is $30 on the campaign’s site, while someone willing to buy in bulk can get 500 shirts from Demstore.com for as little as $5.49 each. “I think people prefer to have the freedom to buy the merchandise where they want to,” Schwat said.

The case is Obama for America v. Demstore.com. To read the full Complaint, click here.

Source:Obama Campaign Sues Seller of Election Materials,” published at Businessweek.com.

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