The Wyoming Republican Party has sent a cease-and-desist letter to a Sheridan County Republican group that has been using a trademarked GOP elephant logo on its political mailers promoting local GOP precinct committee candidates.
Party precinct committee positions are generally considered one of the lowest rungs of elected public office.
The biggest issue the state party has is the use of the elephant logo by Better Sheridan County Leadership (BSCL). The elephant contains the classic red, white and blue design, with three white stars on its top half and white band around the middle. Brian Shuck, chief legal counsel for the party, said in a Saturday cease and desist letter that BSCL putting the logo on mailers is “fraudulent, misleading and unauthorized.”
Shuck said the state party has been advised that as an extension of the Republican National Committee and an authorized user of the logo, it is charged with enforcing “unlawful uses” of the logo. In a Sunday press release, the Sheridan County GOP said the cease-and-desist letter originated from a complaint made to the state party and that the RNC supports Shuck’s letter.
Shuck threatens litigation if the issue can’t be resolved.
“The WRP demands that you immediately cease and desist from any further publication of any materials that make unauthorized use, in any manner whatsoever, of the elephant insignia, including, but not limited to, displaying that elephant insignia on any mailers,” Shuck writes.
Although the logo is a registered trademark, the GOP elephant logo is commonly used by Republican candidates throughout the country.
Even so, that doesn’t make this particular use of it legal, Shuck said.
“You did not seek or obtain a license or authorization for the use of the elephant insignia prior to including that image on the mailer, nor do you currently have such license or authorization,” Shuck writes.
Also Misleading
Shuck also complains that the Let's Take Back Our Republican Party mailer is intentionally misleading for the purpose of making BSCL look like an official wing of the Republican Party and larger than it actually is.
Terry Weitzel, a Sheridan City Council member and one of the leaders of the group, declined to comment to Cowboy State Daily.
There are 19 members listed on the cease-and-desist letter, including current Wyoming House candidate Gail Symons and 2022 House candidate Gary Miller. In a series of different mailers, BSCL endorsed 62 precinct committee candidates including outgoing state Rep. Cyrus Western, R-Big Horn, and former state legislator Bruce Burns.
BSCL’s mailers criticize the current leadership of the Sheridan County Republican Party, mentioning a lawsuit the county party filed in 2023 against its local county commissioners, which it described as “frivolous” and costing $84,000 for the county government and $47,000 for the county party itself. The county party ended up losing this lawsuit this lawsuit.
“We need new leadership in the county GOP,” the mailer reads. “Leadership that reflects our Wyoming Republican values and not the self-serving interests of the Freedom Caucus.”
In its press release, the Sheridan County Republican Party calls the mailer “distasteful and unethical.”
“There are enough lies being spread by outside entities during this election without lies by local groups intent on fratricide,” the press release reads. “That publicly elected officials are unapologetically involved in this stunt is shameful and a dark mark on our community. Sheridan does, indeed, deserve better.”
Although Tuesday’s primary won’t determine what the future leadership of the Sheridan GOP looks like, it will determine the members who get to vote on party leadership in spring 2025.
The Wyoming Republican Party has sent a cease-and-desist letter to the Better Sheridan County Leadership group to stop using the trademark GOP elephant logo. (Cowboy State Daily Staff) 
The Wyoming Republican Party has sent a cease-and-desist letter to the Better Sheridan County Leadership group to stop using the trademark GOP elephant logo. (Cowboy State Daily Staff) 
The Wyoming Republican Party has sent a cease-and-desist letter to the Better Sheridan County Leadership group to stop using the trademark GOP elephant logo. (Cowboy State Daily Staff)
Haven’t Registered Yet
BSCL had not registered with the state as of Monday morning as a political action committee or limited liability corporation.
The Sheridan GOP claims in its press release that the 19 people who have donated to the group “will be facing legal action.” It also argues the cease-and-desist demand also applies to all other people who have given to the group.
According to the county-level campaign finance report filed by the group, it has raised $3,900 and existed at least since last Monday.
State law requires that political action committees, except those formed under federal law, shall file a statement of formation within 10 days after formation. The mailers were timed to arrive in Sheridan County mailboxes Thursday. Although it’s unlikely, if created at the time of the submission of its campaign finance report, the group will have until Thursday to register with the state.
But Shuck said the timing of this mailer and its use of the elephant logo makes “correcting public perception” something that will be “difficult, if not impossible.”
“This timing evidences your intent to deceive and mislead the public in a way that would be difficult to correct before the election,” he writes.
Potential Lawsuit
Shuck demands the group preserve all the evidence it may have relevant to a potential future lawsuit.
Shuck warns the group it could be liable for violations of federal and state law and subject to liability with the state party for damages.
“Given the willfulness of your misconduct, the likelihood of confusion, actual confusion, and the threat of recurrence, damages are likely to be significant,” he writes.
The Wyoming Republican Party recently set up its own private court system for internal party matters, which includes a dispute resolution committee. As part of this system, if the committee handpicked by party chairman Frank Eathorne determines it, a group could be required to pay certain fees to the party.
Shuck also requests that the group contact his office no later than noon Monday to discuss the situation.
“If we do not hear from you by that date with an agreeable and effective proposal to resolve the matter before the primary election Tuesday, we will be left with no choice but to pursue any and all avenues of legal and equitable redress,” Shuck writes.
Partisan Headwinds
Shuck also accuses the group of being supporters of former congresswoman Liz Cheney, saying the group “consists of a handful of Liz Cheney-loving, disgruntled liberal individuals.”
He also said the group and candidates it is supporting are not generally supported by the Republican Party.
Over the last five years, the farther right wing of the Republican Party that’s most supportive of former President Donald Trump has taken over all the leadership positions of the state party and make up a large majority of the committee member seats.
A similar but distinctly different mailer was also put out by this contingency in Sheridan County, urging the reader to “Keep Sheridan Great!” and vote for their slate of candidates that included Jeff Wallack and Diane Pendergraft, wife of Rep. Ken Pendergraft, R-Sheridan.
The elephant on this logo was different from the trademarked version in that the head of the elephant was emblazoned with a blonde toupee, resembling Trump’s hair.
This mailer was put out by the Wyoming is Right PAC, of which Wallack is the chairman.
This isn’t the first time the use of the elephant logo has come into contention. In 2018, the RNC demanded a California T-shirt company stop putting a version of the iconic Republican symbol on shirts and other merchandise.
Leo Wolfson can be reached at leo@cowboystatedaily.com.
