As reported by the Comic Book Legal Defense Fund (CBLDF; who knew?), as well as an account on The Daily Kos by cartoonist Nick Anderson, the organization Donald Trump For President, Inc. has taken legal exception to this cartoon that Anderson posted on Redbubble, with the title “The Trump Cult”. It’s a pretty good political cartoon.
This is not a trademark infringement, but the use of the “MAGA hat” in a political cartoon as a symbol of Trump.
The artist, of course, is disputing it (alternative #3). As he says at TDK:
“I can only surmise that the Trump campaign is suggesting that the MAGA hats are a Trademark violation. This, of course, is absurd. The First Amendment and Supreme Court case law clearly protects Trademark and/or Copyright “infringements” if the material in question is being satirized.”
I wasn’t aware that parody allows “fair use” of material from other people, but I am enlightened. And it’s pretty sleazy that the Trump organization, which surely knows this, is trying to intimidate Redbubble and the cartoonist to take down a parody. That’s censorship, and it’s petty. Since when have Presidents been immune to parody.
At any rate, Redbubble hadn’t responded to Anderson’s request for reinstatement six days after that request (by May 24).