[NCSG-Discuss] Organizing for Action Files To Trademark Its Name, Tries To Reclaim Its Domains

[Joly MacFie]

http://techpresident.com/news/23504/organizing-action-files-trademark-its-name-tries-reclaim-its-domains

Someone, presumably Jon Carson over at Organizing for Action, has
filed a complaint with the National Arbitration Forum to reclaim the
Web addresses organizingforaction.com, organizingforaction.net and
organizingforaction.org.

Whoever's in charge of President Obama's Super PAC presence online
forgot to register the domain names before news of the organization's
launch became public January 18, and a couple of individuals, one of
them conservative, registered the domains. Derek Bovard, the Castle
Rock, Colorado computer technician who registered
organizingforaction.net, said at the time that he'd be willing to sell
the Web address back to the Super PAC for $10,000.

In the meantime, he's pointed the domain to the National Rifle
Association, a group that OfA islobbying against directly when it
comes to gun control policy. A fellow conservative, Aaron Strong, in
Southern California, filed a trademark application on "Organizing for
Action," two weeks ago.

"The Web site is for information on conservative information and
values, and we plan to voice our political views and opinions on it,
which is our First Amendment right," Strong tells techPresident.
Strong said he's partnering with Bovard.

In an e-mail message, Bovard writes: "We intend to win the complaint
and then do something constructive with the site to promote
Conservative Constitutional values and exercise our First Amendment
Freedom of Speech Rights in political opposition to any people or
groups who speak against and/or take away the freedoms we believe in
and that have been granted to us by our countries [sic] founders. Our
intention is to help protect the Bill of Rights, the Constitution and
Conservative values with the use of this site."

Meanwhile, an attorney from the law firm of Perkins Coie filed a
trademark application for the name on February 7th. This application
would cover DVDs with policy information, and other usual political
event paraphernalia, such as bumper, rally, and lapel stickers,
printed paper yard signs, placards and banners. The trademark
application suggests that the organization plans on using mugs, tank
tops, jackets, sweaters, hats, onesies and t-shirts as well to
fundraise, as those items are also listed in the application, and the
stated purpose is to promote "public awareness of policy issues;
providing online information regarding policy issues."

A third applicant from Texas has also thrown their hat in the ring
too, applying in January for a trademark on a particular t-shirt
design with the words "Organizing for Action."

Meanwhile, the arbitration process over the domains has begun. Strong
said on the phone that OfA had never asked for the Web names back in
person.

The whole process of who ends up with the domain names could drag on
for months, although the chances of Bovard and Strong ending up with
the trademark seem to be pretty slim. An element of determining who
gets to keep using a trademark is the likelihood of confusion. If
Bovard and Strong were using the mark and the domain name to engage in
activities that were completely different from Obama's organization,
like selling home organization services, they might have had a better
chance of holding onto the name. But as they say in e-mail
discussions, IANAL, and it'll be up to the parties and the US Patent
and Trademark Office to decide.


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