Expert: Michael Troy - 11/3/2006

Question
We have been having a discussion at work about IP, copyright, and political speech.

In the last month or so, there was a web site called "Oprah for President" that served a cease and desist order by Oprah's lawyers due to trademark infringement. The web site operator was very clear that he was trying to persuade Oprah to run for President.

My theory is that nominating someone for political office is protected political speech, and that if the web operator had  deep pockets and the desire to fight and desist, he would have won.

As a complete layman, it would seem to me that there could be no more political speech than the nomination of a candidate for public office.

Thanks,

Mike

Answer
It sounds to me like Oprah has some overly zealous attorneys.  A public figure cannot prevent user of his/her name.  The trademark issue seems bogus if only because it is clear there is not confusion of different "Oprahs" in this case.  It is clear that everyone is talking about the one and only Oprah.  

If the web site was putting up entire episodes of Oprah or using pictures that other people took, there could by copyright issues.  But simply invoking her name or short quotes is well within the realm of protected activities.  That aside, lawyers will frequently try to bully someone like this, even if the law is not on their side.

I hope this helps!
- Mike