OPINION — The opinion which was recently published regarding whether a candidate showed poor judgment by using the fountain in a campaign ad struck me as particularly odd.
Some may find this to be an “alternate fact,” but you cannot trademark a government logo, seal, or insignia. Section 2(b) of the Lanham Act (15 U.S.C. § 1052) prohibits the federal registration of flags, coats of arms or other official insignias of the United States, any state, municipality, or foreign nation.
While government creative works are generally not copyrighted, logos are protected against unauthorized use by specialized laws. The fountain question is simply our fountain, but not our logo. Using the fountain is an excellent idea and it shows creativity, which is often in short supply among the political classes.
