Is It Illegal to Sell Make America Great Again Hats
Demand more proof Donald Trump is bringing his business savvy to the campaign trail? He has already trademarked his "Make America Great Again" slogan.
Yes, Ronald Reagan may take said it commencement, but Trump is the one asserting his commercial rights to the phrase.
Trump applied for a trademark for "Make America Swell Once again" in November 2012 -- mere days after the last presidential election.
Trademark applications typically accept a long fourth dimension to process. Trump only received the "Make America Keen Again" trademark in July of this year.
Here's where it gets interesting: The trademark is specifically for "political action committee services." In other words, it doesn't say anything almost hats, T-shirts, etc.
E'er since Trump started sporting his red hat in early August with "Make America Keen Over again," it'southward become a hot seller online. And not only on Trump's website.
Supporters tin can buy the hat -- in numerous different colors -- for $25 direct from Trump'due south entrada trade website. Or they tin become a ripoff version from thousands of other sellers for as little as $4.99.
Related: Anything with Trump proper noun is selling fast
Trump takes legal action confronting illegal sellers
Trump has had plenty of the copycats. Now he's getting his lawyer involved.
I of his first targets is CafePress, a popular website where people can impress T-shirts, coffee mugs and other garb. The company received a "cease and desist" letter from Trump'southward lawyer at the end of September.
Trump's legal team fabricated information technology very articulate there would be a lawsuit against CafePress unless the site stopped peddling "Brand America Great Again" merchandise.
"This isn't about money. This is about protecting 1's make and trademark," Trump's lawyer Alan Garten told CNNMoney.
CafePress hasn't issued an official response, only information technology'south telling that there used to exist hundreds, if non thousands, of items bachelor on CafePress with Trump'southward motto. Searching the site now for that slogan returns nothing with that exact phrase.
Trump has repeatedly stressed that he'due south a billionaire who is self-funding his entrada and doesn't need outsider'south money. But he has also made information technology clear that he knows how to build a brand. He'south made a lot of coin licensing the Trump proper noun on everything from hotels to ties.
Now he's ready to do the same with "Brand America Great Again."
Related: Donald Trump's economy vs. Jeb Bush'due south: Who wins
Trump applies for some other trademark
To articulate up any confusion, Trump applied for another trademark on Baronial 13. This one spells out that the trademark covers bumper sticks, T-shirts, tank tops, entrada buttons, caps and hats, infant vesture, blogs. The listing goes on. It could take months, if not years, for that trademark to exist approved.
In the concurrently, legal experts say Trump may still have a valid example against CafePress and other sellers.
Paul Callan, CNN'southward legal analyst and a former media law professor, says Trump's lawyers can likely build a solid case that America now assembly the phrase "Make America Slap-up Again" with Trump, like to the fashion people associate "Just Do Information technology" with Nike.
"In the public listen, [Trump] has a legitimate argument that the phrase has a commercial secondary meaning," says Callan.
Related: How many jobs has Donald Trump created?
There are however thousands of copycat hats and shirts
For at present, Trump'south lawyer says the campaign will "selectively" enforce trademark rights.
CafePress is hardly the only site with copycat Trump gear. There are over 200 items for auction with Trump'due south entrada slogan on Etsy, (ETSY) over two,000 on Amazon (AMZN) and over 4,000 on eBay. (EBAY)
When asked for comment, an Etsy spokeswoman said the company "takes intellectual property and copyright concerns very seriously" and that the site "removes items when we have proper notice." Amazon and eBay did not respond to requests for comment.
Trump isn't the start to trademark campaign materials. Obama's entrada applied for trademarks for the rising sunday logo, amongst others.
In this ballot wheel, Republican Ben Carson too sent a cease and desist letter to CafePress for declared violation of trademark and copyright.
The company issued a response to Carson: "To borrow from a slogan that is much used in this campaign, it doesn't accept a brain surgeon to understand how groundless these claims are."
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Source: https://money.cnn.com/2015/10/08/investing/donald-trump-make-america-great-again-trademark/
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