Sign Up to Receive Email Action Alerts From Issa Exposed
×

Restraining Order denied: Logo staying up for now

Cease and Desist

By Julia Rosen

Hot off the presses….

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.

Now, this does not mean that the lawsuit has been dismissed. It is still pending, so this is not over. But we do get to keep our logo up for now and will continue to fight back against ProtectMarriage.com as long as it takes. They aren’t gonna bully us and we won’t let them turn themselves into victims.

I’ve uploaded the full ruling to Scribd so you can all see it for yourselves.

[scribd id=25509064 key=key-el6a4olt7375m69sy0w]

Tags:

59 Comments

  • 1. Lies  |  January 20, 2010 at 9:28 am

    Well, hooray! I'm glad that judge has a brain in his head. That TRO was really too ridiculous.

  • 2. StaceyB  |  January 20, 2010 at 9:30 am

    As a law student, this is really cool! Thanks :)

  • 3. Karen  |  January 20, 2010 at 9:40 am

    Go team go!

  • 4. Susan R Barnes  |  January 20, 2010 at 9:47 am

    This just keeps getting better and better!

  • 5. Brett  |  January 20, 2010 at 9:52 am

    It would be wonderful if if Prop 8 Trial Tracker won (and won costs) during an actual trial on the issue. That much less money that protectmarriage.com would have to spend fighting equality.

  • 6. Dwane Porter  |  January 20, 2010 at 9:54 am

    Poor Rick Delano – I guess his 20 minutes of being "puzzled" by the website just did not carry enough weight with the Judge..

  • 7. Stephen  |  January 20, 2010 at 9:56 am

    That was fast.

  • 8. James  |  January 20, 2010 at 9:57 am

    I have no doubt that this website was put together on short-order. As a designer myself, many congratulations to your designer for a clear, easy to navigate, and pleasant looking – no, I mean SHARP!! – web page design!! I think the logo is FABulous. The colors – soothing – a good thing for this type of endeavor.

  • 9. Larry K Little  |  January 20, 2010 at 9:57 am

    What a good feeling it is when the courts finally are recognizing how discriminatory and punitive the church is. The only enemy of gay people, the church is composed of about 400 different versions of Christianity and most of them promote hatred of gay people as a rationalization to maintain a marriage monopoly.

  • 10. Ozymandias  |  January 20, 2010 at 9:57 am

    Yay, Judge LKK and a big 'Boo-yah!!' to our lawyer team!

    Team MoFo ALL THE WAY!!!

  • 11. couragecampaign  |  January 20, 2010 at 9:59 am

    Thanks James. Our designer is Miles Kurland of Kurland Digital Design. He does nearly all of our graphic design work and we love him.

    He did a bang-up job on the site, crashing on it over a weekend when he had another major project to work on.

    -Julia

  • 12. Mouse  |  January 20, 2010 at 10:01 am

    Just for the record, I find the parody logo to be quite amusing.

    I do have to thank the protectmarriage.com people for getting so irrational about it, especially the “substantially indistinguishable,” quote, which takes the parody to new levels of hilarity and irony.

    I wish the anti-equality bullies would stop trying to play victim. It's insulting. It's like they're trying to justify kicking puppies because eventually a kicked dog will get pissed off and bite.

  • 13. Alan E.  |  January 20, 2010 at 10:04 am

    You can't mess with our MoFo!

  • 14. Rebecca  |  January 20, 2010 at 10:17 am

    Awesome news!!!

    Let's hope it's not the first legal loss for the haters.

  • 15. proudprogressive  |  January 20, 2010 at 10:30 am

    ooooooooooooh SNAP ! Most awesome news Julia , thanks for posting that, good way to end this grueling day.

    yes !

    nice work MoFo's – way to go TEAM !
    nothing like lawyers who actually know the law , you all are TOP NOTCH ! i heart good lawyers , and lawyers with good hearts.

    Thank you for your very hard work and kicking it out of the park. Its a hard won skill and a gift. Advocates. dear dear Advocates , thank you so much , nice win on this one..and now all i can see are the big breasts in the logo – as pointed out in earlier thread – its sassy alright !
    Rest well all you at the Courage Campaign !

  • 16. Laura in Portland  |  January 20, 2010 at 10:39 am

    Congratulations! And please continue to mock unmercifully! Extend my sympathy to your web designer.

    GO MOFO!

  • 17. RCR  |  January 20, 2010 at 10:40 am

    GREAT!!!

  • 18. Abe  |  January 20, 2010 at 10:44 am

    are they suing Nestle too? http://www.nestle-purelife.us/

  • 19. Steffi  |  January 20, 2010 at 10:52 am

    I love you guys! and I am even a (very) little warm-hearted towards protectmarriage for providing us with such sideway entertainment 😀

  • 20. Josh  |  January 20, 2010 at 10:54 am

    Great! We have to have faith in the justice system…it'll do the right thing in the end. 😀

  • 21. Misken  |  January 20, 2010 at 10:54 am

    Haha, I noticed the tremendous similarity too!

  • 22. Frank  |  January 20, 2010 at 11:14 am

    How long before we hear the denial was made by an activist judge?

  • 23. Sheryl Carver  |  January 20, 2010 at 11:17 am

    Someone else may have already posted this, but just in case…

    ProtectMarriage.com now has a different logo.

    Score one for the good guys!

  • 24. The Real Tijuana  |  January 20, 2010 at 12:07 pm

    "We have been mocking ProtectMarriage.com’s case unmercilessly" – is that even more relentless than just plain mercilessly?

    We just had to ask.

    We're really on your side. Here in Mexico gay marriage is becoming legally recognized as well, although by means of a different legal mechanism.

    When you're in Tijuana, be sure to visit Plaza Santa Cecilia, where fags and dykes drink at the same bar without hissing at each other. No kidding.

  • 25. nightshayde  |  January 20, 2010 at 12:15 pm

    *squeeze*

    I wish the anti-equality bullies would just scurry into caves & never come out again. It would sure cut down on traffic problems in our cities.

  • 26. E. Thor Carlson  |  January 20, 2010 at 12:20 pm

    Rick said:
    "I read for twenty minutes, with increasing puzzlement, until I finally realized I had been spoofed."

    Let’s look at two dictionary definitions of the word spoof:

    A mocking imitation of someone or something, usually light and good-humored; lampoon or parody.
    A gentle satirical imitation; a light parody
    .
    So Rick, I’ll give you twenty minutes to figure out that, by your own admission, you were taken in by a parody.

  • 27. pearlheartgtr  |  January 20, 2010 at 12:55 pm

    http://www.lecs.org/

    This one is interesting: http://www.uri.edu/frp/ei.htm http://maximmedical.ca/Default.aspx http://www.orchidbowl.com.sg/ (logo at bottom of page) http://www.24-7pressrelease.com/attachments/08297

    And I know you all will have fun with this one. I think they like their book burnings: http://www.forministry.com/USMNCRCNAFCRCF/AboutFa

  • 28. Sam  |  January 20, 2010 at 1:44 pm

    Exactly what I came here to say, haha.

  • 29. Aya  |  January 20, 2010 at 1:54 pm

    ProtectMarriage.com's new chosen color for their logo makes my eyes bleed, just a little.

    Congrats, though. Good to know federal judges can read basic trademark law correctly.

  • 30. Michael  |  January 20, 2010 at 2:19 pm

    Congratulations! Don't let militant anti-gay advocacy groups like "Protect" Marriage bully you or any pro-equality American into anything. They are a blight on society and Christianity. My prayers are with you and all decent, pro-equality, real Americans.

  • 31. Roy  |  January 20, 2010 at 2:29 pm

    LMAO! protect marriage changed THEIR logo now because they lost…

    but it looks very familiar to some other group, and their name escapes me right now.

    good job standing up to those fools.

  • 32. michael  |  January 20, 2010 at 2:31 pm

    Yes and generally they all disagree about everything except…the gays. Who would have thought that Evangelical, Catholics and Mormons would ever team up to this extent????

  • 33. michael  |  January 20, 2010 at 2:34 pm

    Julia you guys ROCK!!!!

  • 34. michael  |  January 20, 2010 at 2:37 pm

    That is PRICELESS!!! LMAO

  • 35. Dieter M.  |  January 20, 2010 at 5:06 pm

    Here it is everyone, the TRAILER for the youtube broadcast re-enactment of the prop 8 trial…full sessions starting tomorrow. http://www.MarriageTrial.com

    and check out my "don't divorce us" video on youtube to see where this all began: at http://www.youtube.com/watch

  • 36. Dieter M.  |  January 20, 2010 at 6:25 pm

    I make a motion that we start a new tee-shirt craze….TEAM MOFO!!….lol

  • 37. Dieter M.  |  January 20, 2010 at 6:26 pm

    Here it is everyone, the TRAILER for the youtube broadcast re-enactment of the prop 8 trial…full sessions starting tomorrow. http://www.MarriageTrial.com

  • 38. Daily Prop 8 Update: The &hellip  |  January 20, 2010 at 7:01 pm

    […] is suing the Courage Campaign to stop their satirical use of their logo and a judge refused a temporary restraining order.  The best part: We continue to be entertained by the Prop 8 attorneys simultaneously admitting […]

  • 39. Two quick links « S&hellip  |  January 20, 2010 at 8:43 pm

    […] information on the fight over  a likeness of the Yes on 8 logo as used by plaintiffs’ supporters who […]

  • 40. One Word: Frivolous&hellip  |  January 20, 2010 at 9:15 pm

    […] The request for a TRO was denied, as reported by the Courage Campaign.] AKPC_IDS += "4589,";Popularity: 2% [?] Comments [0]Digg […]

  • 41. Marcia  |  January 20, 2010 at 11:09 pm

    So if they've changed their logo, do they still have a case?

  • 42. george  |  January 20, 2010 at 11:10 pm

    A couple of observations:

    1. So much for protected class designation for gays; if you have the power to defend this lawsuit, you need not protection.

    2. If this trial is about acceptance (it's not, but much of the testimony is), you're not going to get much when you act like children with your silly parodies, mocking the group with which more than 50% of the population agrees.

    So when the sympathy/empathy arguments fail to convince a federal court to change a valid constitutional amendment, look at the attitude that the use of this logo projects and consider how much sympathy it elicits.

    What's ironic is that you are supposed to be the creative ones; surely able to come up with a logo that would blow this lame one out of the water. But instead, you chose to be sarcastic and now smug. Good luck with that approach. I hope this makes national news so the world can see the true gay attitude.

  • 43. Marcia  |  January 20, 2010 at 11:17 pm

    Well, I hope the whole content of the trial makes national news and so far, I can see how the other side would not. And I'd like to know what the "true gay attitude" is supposed to be.

  • 44. Marcia  |  January 20, 2010 at 11:32 pm

    Just took a look at their new logo and actually I think it looks okay (note how different the two rings are! one of them is so butch). They do look a bit odd, sitting in the middle of what appears to be a winter weather map on some TV station's 10:00 News; but okay.

    The blog entries have interesting titles: "A Head Shaker of an Afternoon" (no shit!), "Religion Put on the Stand", "Second Verse, Same as the First", "Plaintiffs Can't Contradict Our Position."

  • 45. george  |  January 20, 2010 at 11:39 pm

    Real gay attitude: hatred towards heterosexuals who disagree with them and an assumption of bigotry. Resentful because the world "randomly" decided that men and women who procreate should be responsible for the upbringing of their kids and that kids should be brought up by the parents who created them.

  • 46. Right Thing to do TX  |  January 21, 2010 at 12:56 am

    A couple of observations:

    1. So much for protected class designation for gays; if you have the power to defend this lawsuit, you need not protection.

    As if the ability to defend oneself from frivilous whiny baby lawsuits is the same as political power.

    2. If this trial is about acceptance (it’s not, but much of the testimony is), you’re not going to get much when you act like children with your silly parodies, mocking the group with which more than 50% of the population agrees.

    observation ok…but what's your point? that more than 50% of the population doesn't have an informed opinion? i'll agree with that.

    So when the sympathy/empathy arguments fail to convince a federal court to change a valid constitutional amendment, look at the attitude that the use of this logo projects and consider how much sympathy it elicits.

    by attitude i assume you mean humor

    What’s ironic is that you are supposed to be the creative ones; surely able to come up with a logo that would blow this lame one out of the water. But instead, you chose to be sarcastic and now smug. Good luck with that approach. I hope this makes national news so the world can see the true gay attitude.

    i hope it makes national news…all of it not just the stuff the haters don't mind having out there

    btw, send me your mailing address and i'll forward some of my nephew's old pacifiers to help you through these troubling times of realizing that your side is wrong.

  • 47. sue  |  January 21, 2010 at 2:53 am

    after reading george's numerous complaints about homosexuals snatching away babies from their rightful parents, it almost sounds as if he has an ex-wife who left him for a woman and took the kids with her.

  • 48. Kevin  |  January 21, 2010 at 4:29 am

    To add to the list of similar logos, see Big Brothers Big Sisters of America

  • 49. Susan  |  January 21, 2010 at 4:41 am

    I love this logo. Can I buy a sign for my front yard? Nevermind, my Christian neighbors will steal it like the last two. I hope the world can see the prop 8 people for whom they really are.

  • 50. Merry  |  January 21, 2010 at 8:55 am

    George, a VAST number of children in this country are not being raised by the parents who created them … and whether this should or should not be the case is an entirely separate argument which has absolutely *nothing* to do with whether or not gay marriages are acknowledged by the government. Marriage doesn't force anyone to take responsibility for their children. (Oh, how I wish that it did!)

    Not everyone who gets married plans to have children, and it is just as easy to procreate outside of marriage as it is inside of it. Limiting marriage only to those who are biologically capable of creating children together would only be logical if one were to also a) illegalize extramarital sex, b) make procreation a requirement for every married couple, and c) illegalize marriage for anyone who, for any reason, is infertile, and dissolve marriages between any couple who does not create a child together. Unless you're prepared to argue just as hard for all of those conditions as well, then you've got to drop the marriage-is-for-the-children assertion, because it's just simply not true.

    And that's not resentment speaking at all… it's just logic.

  • 51. Judge rules Against ̵&hellip  |  January 21, 2010 at 8:42 pm

    […] Courage Campaign is facing a challenge from ProtectMarriage.com over its use of a similar logo in use on its Prop 8 Trial Tracker website. As you can see, the Courage Campaign's logo features two women with children rather than a […]

  • 52. Prop 8 sponsor sues blog.&hellip  |  January 23, 2010 at 6:01 pm

    […] While the suit is still ongoing, Protect Marriage did file for a temporary restraining order to force removal of the logo–which was appropriately denied. […]

  • 53. Entertainment » Ric&hellip  |  June 15, 2010 at 12:48 am

    […] much less the panoply of expert witnesses who would demonstrate that the only reason the oxymoronic Protect Marriage and NOM band oppose marriage equality is that, well, it’s not their definition of marriage. […]

  • 54. Rick Jacobs: Olson & &hellip  |  June 15, 2010 at 1:37 am

    […] much less the panoply of expert witnesses who would demonstrate that the only reason the oxymoronic Protect Marriage and NOM band oppose marriage equality is that, well, it’s not their definition of marriage. […]

  • 55. Rick Jacobs: Olson & &hellip  |  June 15, 2010 at 2:42 am

    […] much less the panoply of expert witnesses who would demonstrate that the only reason the oxymoronic Protect Marriage and NOM band oppose marriage equality is that, well, it’s not their definition of marriage. […]

  • 56. Olson & Boies Exorcis&hellip  |  June 15, 2010 at 12:54 pm

    […] much less the panoply of expert witnesses who would demonstrate that the only reason the oxymoronic Protect Marriage and NOM band oppose marriage equality is that, well, it’s not their definition of marriage. […]

  • 57. ____________  |  March 22, 2014 at 9:26 am

    This website really has all of the information I
    needed about this subject and didn’t know who
    to ask.

  • 58. phone porn  |  April 7, 2014 at 7:24 pm

    My spouse and I absolutely love your blog and find a lot of your post’s
    to be what precisely I’m looking for. Would you offer guest writers to write content in your case?
    I wouldn’t mind producing a post or elaborating on a few
    of the subjects you write concerning here.

    Again, awesome web site!

  • 59. backlink building opportunities  |  April 10, 2014 at 8:45 pm

    I am actually thankful to the holder of this web site who has
    shared this great post at at this time.

Having technical problems? Visit our support page to report an issue!