Judge rules Against 'Protect Marriage', Allows 'Courage Campaign' to Continue Using 'Sassy' Prop 8 Trial Logo

via Towleroad News by Andy Towle on 1/21/10

The 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 heterosexual couple.

Protect Marriage asked for a restraining order to prevent further use of the logo butthe judge has ruled against them, saying:

“[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.”

In its argument, Courage Campaign's attorney said, "While our client does appreciate the irony of the suggestion in your letter that a logo of a family made up of a man, a woman, and two children is 'substantially indistinguishable' from a logo of a family made up of two women and two children, your assertion is incorrect. This difference between our client’s parodic logo and your client’s logo is a graphical representation of the core difference between Courage Campaign’s views and ProtectMarriage.com’s views, presented in a sassy way that will not be lost on the public."
The Cease and Desist letter via prop8trialtracker.com :