Obama Campaign Committee’s Trademark Suit Raises Novel Issue

In a recent trademark suit, the principal campaign committee for the president’s re-election, Obama for America, has sued a company that sells Democratic political merchandise that allegedly infringes the committee’s “Rising Sun” trademark. According to Finnegan partner Mark Sommers, the lawsuit presents an interesting approach. While the purpose of a trademark is to symbolize the goodwill of a company and the quality of its goods, this complaint is about preserving fundraising revenue streams. “The damage alleged is not to the message; it is to the income stream,” according to Sommers.