Should "Tea Party Patriots" be copyrighted? (VANITY)

Tea Party Patriots ^ | April 20, 2009 | Tea Party Patriots

[agrarianlady]

"TPP aggressively enforces its intellectual property rights to the fullest extent of the law. The name Tea Party Patriots or any other Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from TPP. TPP also prohibits use of Tea Party Patriots or any other Trademark as part of a link to or from any web site unless establishment of such a link is approved in advance by TPP in writing".

[agrarianlady]

I made bumper stickers and shirts with the words "Tea Party Patriot" and they were pulled for copyright infringement by Zazzle, based on complaints by the legal department at "Tea Party Patriots".

A person can put up words like "Republican" or "Democrat", but combining "Tea Party" and "Patriot" is a no-no.

The purpose of my bumper stickers was to identify with the grass-roots Tea Party movement and to identify the bearer as an American Patriot, but I didn't intend to identify with the national group "Tea Party Patriots".

I wonder if I could call myself a "Boston Tea Party Patriot". Certainly people make bumper stickers all the time with the words "Republican" and "Democrat", and they are not subject to trademark infringement.

What will be copyrighted next, "Sons of Liberty?" The Boston Tea Party was a historical event. How is it subject to a trademark?

What do you fellow Freepers think about this?

[PugetSoundSoldier]

If the trademark is not an issued, registered mark you can tell them to take a hike. Until it's a registered trademark they cannot stop you from using the same verbiage unless you are both participating in the same marketplace - audience and geography.

Now you cannot use their images without their consent (copyright is given the second you create a work), but they cannot stop you from using the same phrase until it has that little ® after it.

Tea Party Patriots are clearly ignoring the law about trademarks and that is most definitely NOT what true Tea Party patriots are about.

[agrarianlady]

It *is* an issued trademark. “Tea Party Patriots” is, that is. It’s “Tea Party Patriots, Inc.”

I was using “Tea Party Patriot”. I certainly wasn’t using their image or artwork.

Somehow it just seems so different.

I’m a little sad, because I worked for days on all of those, and now they’re gone.

[PugetSoundSoldier]

It *is* an issued trademark. “Tea Party Patriots” is, that is. It’s “Tea Party Patriots, Inc.”

No, that's not a trademark, that's a corporation, which is immaterial to the issue. A trademark can be owned by an individual or company, and is a word mark that uniquely identifies the owner of the mark. A registered trademark has the "(R)" - ® - after it. It's registered with the Federal Government, takes a couple of years to issue.

For example, let's say I had a company called PugetSoundSoldiers Inc, and we had a product called the PSS Fighter. I could trademark both terms, and even if the company closes I can personally maintain both terms as long as I'd like. I could even sell the marks as I choose.

About your issue, a search at the US Patent and Trademark Office shows two hits for the trademark "Tea Party Patriots"; the one that sent you the nastygram was filed July 9th, 2009 and has not yet been granted.

Right now, they have NO RIGHT to claim you cannot sell your products as they do not have the registered trademark. Ask them to provide proof of trademark violation, which includes a copy of the registered trademark issue. Copy Zazzle on this documentation, and inform both that unless a registered trademark is presented there isn't any violation of trademark.

Additionally, since you can show economic activity with your own phrase/slogan ("Tea Party Patriot") before they received their Federal registration they CANNOT stop you from using it for trademark violation; an interesting issue for US Trademarks is that if you can show you actually used a mark in commerce prior to a Registered mark being granted you are permitted to continue using that mark in your geographic area.

For example, if I had a product called a Coca Cola that my grandfather began making and selling in 1880 and sold in our family restaurant called McDonald's founded in 1931, and both were still sold and active today, the Coke Corporation nor McDonald's Corporation could force me to stop using my names in my geographical area. I cannot advertise outside (usually within 100 miles radius), but within that range my name is allowed.

No, I'm not a lawyer, but I hold several patents and registered trademarks and am actively involved in the IP world.

[agrarianlady]

Thank you from the bottom of my heart. 70 products were removed today, and I don’t even want to think about how many hours and days of my life and my husband’s life were spent (in the wee hours, after the kids went to bed) creating them.

I believed what TPP wrote (above) to be true — I didn’t even think to go the extra mile and actually *check* with the US Patent and Trademark Office. I simply assumed they were telling the truth. Wow.

Also, I am not the only seller of “Tea Party” products on Zazzle. It’s full of sellers doing the same thing.

I sent an e-mail to both parties.

[PugetSoundSoldier]

No problem. And you can remind TPP and Zazzle that claiming a Federal trademark before it’s issued is actually illegal; it’s fraud, actually.

[americanhistoryfunfacts]

I also just received notice from Zazzle today regarding my Tea Party Patriot items. I have sent Zazzle a letter, with a copy of the trademark information that I found. I don’t really expect much, and I don’t have the ability to fight this legally right now, but I still sent the letter. At least it made me feel better. :)

Zazzle canceled 20-30 of my items that had the phrase “Tea Party Patriot” on them. I also worked hard on my designs, and have been selling them for months, if not longer. I don’t remember when I first posted a Tea Party Patriot item, but it was some time last year.

Grrrrrrrrr

Here is the trademark information that I found on them....

Word Mark TEA PARTY PATRIOTS
Goods and Services IC 035. US 100 101 102. G & S: Association services, namely, a grassroots organization that promotes public awareness and participation regarding policy and legislative issues and leadership positions at community, local, state, and national levels; providing information in the field of governmental affairs, namely, information about limited government. FIRST USE: 20090306. FIRST USE IN COMMERCE: 20090306

IC 036. US 100 101 102. G & S: Providing information about government fiscal issues with a focus on fiscal responsibility and free markets. FIRST USE: 20090306. FIRST USE IN COMMERCE: 20090306

IC 041. US 100 101 107. G & S: Special Events Planning; Arranging and conducting special events. FIRST USE: 20090306. FIRST USE IN COMMERCE: 20090306
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 77777712
Filing Date July 9, 2009
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition May 25, 2010
Owner (APPLICANT) Tea Party Patriots, Inc. CORPORATION GEORGIA Ste. 620-322 1025 Rose Creek Dr. Woodstock GEORGIA 30189
Attorney of Record Kevin W. Grierson
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE “TEA PARTY” APART FROM THE MARK AS SHOWN
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

Julie

[agrarianlady]

The “Current Status” should say “Filed”, I think. It looks as though is still under review.

I’m going to send another letter to Zazzle today. They sent me 70 e-mails yesterday, so I’ll slowly reply with this information.

Really, it’s in Zazzle’s best interest not to back down to any fraudster that comes along whose sole purpose is to hurt their business. I understand them not wanting to get in a legal fight with large companies, but I would HOPE that if it were clear to them that there’s simply no basis to back down here, that they simply won’t.

---

(words only): TEA PARTY PATRIOTS

Standard Character claim: Yes

Current Status: Final review prior to publication has been completed, application will be published for opposition.

Date of Status: 2010-04-17

Filing Date: 2009-07-09

The Information will be/was published in the Official Gazette on 2010-05-25

Transformed into a National Application: No

Registration Date: (DATE NOT AVAILABLE)

Register: Principal

Law Office Assigned: LAW OFFICE 102

Attorney Assigned:
BUTLER ANDREA P

Current Location: 650 -Publication And Issue Section

Date In Location: 2010-04-17

[agrarianlady]

I called the Patent office this morning, and no, they do NOT have a registered trademark.

[agrarianlady]

I got this in reply:

“Zazzle was contacted by legal representative for The Tea Party, Inc., and requested the removal of products that violate their intellectual property rights”.

The plot thickens.

[americanhistoryfunfacts]

I sent Zazzle replies to all of my “removed items”, stating that Tea Party Patriots did not own the rights to “Tea Party Patriot”. I’m in the process of getting all of their replies now. Looks like one guy is answering them all - just stating “Thank you for allowing us to be of service to you.”, with another copy of Tea Party Patriots legal representatives e-mail, and a link to Zazzle’s policy.

This is so ridiculous. I posted a blurb about this on Tea Party Patriots facebook page. Not that it will help, but it did make me feel better :) Several people commented on my post, and I noticed somebody else is posting about it on their facebook page today. Seems like “Tea Party Patriots” legal team were busy little bees yesterday! Too bad they are not spending their time on important things that affect our great country. Instead they choose to go after anybody and everybody who uses the phrase “Tea Party Patriot” for any purpose.

I only had about 30 items posted with Tea Party Patriot, and I’m steamed about this. I can only imagine what you are feeling like with over twice that number of items posted!