The Prop 8 backers, “Protect Marriage,” filed a lawsuit against the Courage Campaign over a parody of their trademarked “Yes on 8″ logo. They lost.
From Julia Rosen via the Courage Campaign’s Prop. 8 Trial Tracker, which hosts the challenged logo:
Judge Lawrence K. Karlton, a US District Judge just ruled against ProtectMarriage.org’s motion for a temporary restraining order (TRO) to take down our logo on the Trial Tracker. (background here and here)
Here is the key conclusion:
“[P]laintiff is unlikely to overcome the conclusion that defendant’s use of the mark is protected under the First Amendment, in that the use is relevant to an expressive parody and the use is not explicitly misleading.”
Our designer might quibble with this one, but the stuff about the First Amendment is pretty sweet:
In this case, the logo itself is artistic. Moreover, the broader website, while perhaps not artistic, is undeniably expressive of a political idea, and both political and artistic expression are protected by the First Amendment.
Obviously, we are thrilled that Judge Karlton thought they didn’t have a case. It’s what we have contended all along and why we have been mocking ProtectMarriage.com’s case mercilessly.